DISTRICT COURT: Political yard signs may only be legally removed with owner’s consent – one local resident criminally charged

Friday, October 18, 2024
by Jeff Noedel

PUBLISHED IN SANJANS.TODAY & THE JOURNAL OF THE SAN JUAN ISLANDS

Many political yard signs are placed on publicly owned land and rights-of-way in San Juan County.

While a relative few citizens continue to display yard signs on their personal property long after an election, the great majority of campaigns and campaign supporters take up their yard signs from public spaces soon after an election is over.

That’s an act of conscience, returning our street corners and roadway shoulders to their natural, apolitical beauty. An honor system.

But on Wednesday, the District Court in San Juan County made clear that a political yard sign can only be legally removed with the consent of its owner, or the citizen that placed it there, even if it’s on a public parcel or right-of-way. And it doesn’t matter how long after the election the sign is still standing on public space.

Amy Vira is San Juan County Prosecutor. In an email to this reporter Thursday, she wrote, “Signs are personal property and if a citizen does not have authorization from the sign owner, the RCW prohibits removal at any time.”

Washington administrative code specifies conditions for political yard signs on private property adjacent to interstates and major state roads and requires them to come down 10 days after a general election. That code does not apply to San Juan County’s roads. Read administrative code section 468-66-050(3)(d)(ii) here.

Beth Helstein chaired the San Juan Island Library Lid Lift campaign, which passed with 56 percent support on August 6.

The levy lid lift was opposed by Royce Meyerott, who spent $600 to create dozens of yard signs emblazoned with the words “Hell NO!”

More than two weeks after the Aug. 6 election, one of Meyerott’s yard signs was seen in a stack of seven political yard signs outside Helstein’s home.

Five of the signs were related to the recent library levy lid lift; one for a past sheriff’s campaign. All six of the signs identifiable in the photo were for campaigns that had ended.

Helstein told friends that her intention was to donate the metal stakes to another political campaign and to recycle the plastic signs.

Helstein estimates she took up Meyerott’s sign from a right of way at Roche Harbor Rd. and Egg Lake Rd. 10 to 14 days after the August 6 election.

After the election, a passerby snapped a photo of the stack of yard signs and shared the photo with Meyerott.

Meyerott insisted the Sheriff’s department investigate, and on August 26, San Juan County Sheriff’s Deputy Rion Brandt filed a probable cause statement against Helstein.

Helstein was charged with a simple misdemeanor violation of Washington criminal code: RCW 29A.84.040. Political advertising, removing or defacing. The law states, “A person who removes or defaces lawfully placed political advertising including yard signs or billboards without authorization is guilty of a misdemeanor punishable to the same extent as a misdemeanor that is punishable under RCW 9A.20.021. The defacement or removal of each item constitutes a separate violation.” Punishment can range from up to 90 days in the county jail, a fine of up to $1,000, or both.

Other than the state administrative code which regulates signs near major highways, Washington state law does not specify an expiration date for political yard signs, including those on public land.

In court Tuesday, District Court Presiding Judge Carolyn Jewett agreed to a “stipulation of continuance,” indicating the state and the defendant agreed to a set of conditions that — if met by Helstein over the next year — would cause the charge to be dropped in a year. Conditions include no additional criminal charges in the coming year, payment of a $100 fee, and 24 hours of community service to be completed by December 3. At The time of Tuesday’s hearing, one question was still pending: would Helstein be required to pay restitution. That question was postponed into the future.

On Thursday, this reporter asked several county council candidates if they desired their yard signs stay up after the election. All of the candidates contacted said they would be happy for anyone to remove yard signs from public land and rights-of-way as early as Wednesday, November 6.

According to the four general election council candidates, they have printed and distributed 850 yard signs between them. Many hundreds more are on public land and rights-of-way for the fire department levy and the Land Bank reauthorization election, not to mention signs for campaigns for statewide offices, legislative races, and even commissioner elections.

Even if there are 1,000 political yard signs on public land after the election, after Helstein’s criminal charge many now think it would be risky for anyone to remove a political yard sign from private property without the permission of the owner or the person who placed it there, no matter how out of place it looks, no matter that it’s on public land.

Royce Meyerott did not respond to a request for comment.

Beth Helstein responded but declined to comment.