EL SOBRANTE, Calif.—Davi Luks, a retired schoolteacher and longtime Contra Costa County resident, wanted to protest the human cost of the war in Gaza. So, he posted several signs and flags on his property in El Sobrante in the county’s unincorporated area.
County code enforcement fined him $4,300, claiming he had violated the county’s sign ordinance – a flagrant violation of his First Amendment rights.
Today, the ACLU of Northern California filed a federal lawsuit against Contra Costa County on behalf of Luks. It argues that county officials violated Luks’ constitutional right to display signs on his own private property – a right the Supreme Court has repeatedly affirmed.
"I'm living on a fixed income, and a $4,300 fine is a big financial blow to me," Luks said. “I paid it because I had no choice, but I shouldn't have had to.”
The county also placed a lien on Davi’s home. Although he has paid the fine in full, the lien remains in effect.
The sign ordinance bans nearly all signs on residential property and imposes even stricter limits within 1,000 feet of a school, playground, or park. Voicing a political opinion may require a $750 permit. Meanwhile, commercial signs — for farm stands, real estate listings — face far fewer restrictions.
"Prohibiting a person from putting signs on their own property, or requiring someone to get a permit to put up a sign on their own property, gives authorities the ability to decide who gets to speak and what they are allowed to say,” said Shaila Nathu, a senior attorney with the ACLU of Northern California. “The government should not have the power to ban your speech, or to approve your speech before you can express it on a garden variety yard sign.”
Davi's case was described in county records as an "offensive sign display." As the lawsuit states, describing his signs as “offensive” raises concerns about viewpoint discrimination.
But the government can’t take sides— it must enforce the law neutrally.
The lawsuit, filed in U.S. District Court for the Northern District in California, seeks a court order declaring these prohibitions in Contra Costa County’s sign ordinance unconstitutional. It also demands that county officials return Luks’ unlawful $4300 fine and remove the lien from his property.
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