Modified Thu, Nov 12, 2009 04:25 PM
Cary pressures disgruntled resident to remove sign
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close xCARY -- Town officials pressured David Bowden on Thursday, saying they would fine the Cary man if he won't remove or tone down a bright protest sign from the front of his house within seven days.
In July, Bowden had "Screwed By The Town of Cary" painted in bright orange letters on the front of his house. He says his home, at 305 SW Maynard Road, was damaged by runoff caused by town road construction.
Cary served Bowden a zoning violation on July 31, saying the sign violated the town's strict appearance ordinances. But the town didn't initiate fines, which start at $100 and escalate to $500 per day, as it tried to mediate.
Cary offered to install a grated trench drain and new drainage pipe to re-route water away from Bowden's home. Bowden declined the offer and issued his own ultimatum: the sign wouldn't come down until the town buys his house. Bowden also declined third-party mediation, according to a town statement issued today.
"Meetings with Mr. Bowden over the last several months have failed to resolve the sign issue," the town said in the statement. "And the town continues to receive complaints from residents about the situation."
Bowden has seven days to remove the sign or bring it into compliance with the town ordinance by reducing the signs size or changing its color, according to a zoning violation notice issued by the town. Bowden has 30 days to appeal.
The debacle has raised questions about whether the town's appearance ordinances limit free speech. In August, the American Civil Liberties Union of North Carolina sent a letter to Cary Town Attorney Christine B. Simpson, saying Bowden's First Amendment rights would be violated if the town used the ordinance to get him to remove the sign.
"They [are] still trying to violate my constitutional rights," Bowden said Thursday. "I'll have the young lady from the ACLU explain it to them. I'm not going to do it."
Town spokeswoman Susan Moran did not immediately return a call seeking comment.
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