Ron Paul supporter battles Hawthorne Borough

By Max Pizarro | March 13th, 2008 - 6:09pm
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A Hawthorne man and Ron Paul supporter is fighting the borough after he said local code enforcement officers told him to remove two Ron Paul for president signs from his lawn.

Andrew Gause said a few days after the Feb. 5 primary, officials visited his residence and cited a municipal ordinance outlawing the display of political signs more than seven days after an election.

Threatened with fines if he did not immediately remove the  offending display, Gause said he was determined to defend his Constitutional rights, and refused.

On Feb. 26, the borough issued a citation, and under what he calls state intimidation, Gause removed the signs in question.

But he insists the case is not over.

"Having reviewed the Borough of Hawthorne’s municipal codes, I find them replete with Constitutional infringements," said the property owner. "This mayor and council have usurped the property rights of Hawthorne’s homeowners and reduced us to the state of tenants on our own property. They have become the de facto landlords, and the sole arbiters of political speech. This is merely the most glaring example – I intend to address others."

Hawthorne Borough Mayor Patrick J. Botbyl and Hawthorne Borough Administrator Eric Maurer did not return calls for comment.

Gause's attorney Kenneth Del Vecchio said of the ordinance in question, "It is especially disturbing in light of Boehm v. Borough of Franklin Lakes, a 2001 case with identical facts—from the very next town. The United States District Court enjoined Franklin Lakes from enforcing its ordinance; finding that it subjected political signs to stricter regulations than commercial signs, and that Franklin Lakes provided no interest for this disparity that would pass Constitutional scrutiny."

Phase two?

Looks like either Hawthorne is going to have to concede, or its going to cost their tax payers alot of money down the road.

 Its about time people started standing up for their rights, cause surely the establishment liberal republicans seem to have little problem with letting government become invasive of peoples' individual rights and liberties. 

It might seem like a small, nuance of an issue, but its these very minute issues that keeps the Democrats in power in New Jersey.  When was the last time you heard of a Republican standing up to protect someone else's rights?

 Kudos to Mr. Gause.

About Time

Someone told those Muni Gestapo types to read the constitution first. Nearly 45 % of all Municipal ordinances violate the constitution. This is a good start. 

Signs

Although I am and never ever would have been a Ron “Wack Job” Paul supporter, Hawthorne is going to find that their Law is Unconstitutional. 

There was a challenge to this type of law I believe many years ago to the Supreme Court and it was ruled in the favor of the sign as the right to free speech.  I think it was someone in a midwestern state that had challenged it.

Gause has a great attorney

By the time Del Vecchio is through with Hawthorne, they'll literally be paying Gause to keep a Ron Paul sign on his lawn.  Ken is going to run circles around these guys.

Way to go Andy!

Despite Mad Max's opinion that Ron Paul is a "wack job" (those who live in glass houses Max, many think the same of you)  I think this is excellent news.

 I know Andy personally, and he has been defending civil liberties well before it became fashionable among some of the "more conservative" republicans as of late. I have to agree with RLC that Democrats continually beat up our party because we're too busy focused solely on business, meanwhile they are out there pressing the flesh and making sure that local issues, such as this, are entirely owned by their party.

 

In the end we look like a bunch of greedy, rich old men who would sell our own mothers up a river for a buck.

 Perhaps if the Republicans learned a little humility and followed the principals of Jefferson, we would be in much better shape.

 Oh, and I got the hint about "Phase Two".. hehehe. 

 

 

Check Out: http://www.murraysabrin.com

LONEGAN INSPIRED!

My challenging this ordinance isn't nearly as courageous as Steve Lonegan, who went to JAIL rather than surrender his right to free speech. I took down my signs, Steve didn't. My support of Ron Paul centered around his embracing the Constitution instead of trying to find a way around it. It could have been anyone's sign. These Politicos in Hawthorne honestly believe they have the right to regulate every aspect of my property and its use.(sound familiar? It is probably the same in your town). I intend to disabuse them of this notion.You should too! If elected officials embraced the Constitution in letter and spirit, the burdensome yoke of regulation would quickly fall away. Court date is March 20th 4pm Hawthorne. Bring a friend and a sign of your choosing :)

"The right to control property is the essence of ownership. Regulation desiccates that essence." Andrew Gause

JDouglasFisher

NOOOOOOOOOOOOOO….. He's a “WACK JOB” and if you can't or haven't seen that then you're in the same boat as him and up a creek without a paddle..................or just another “WACK JOB” from New Jersey!!!!

Mad Max is right...

Everyone I don't agree with is a wack job. Since I'm never wrong, that has to be the case.

Ron Paul is NOT the Issue

I think we're starting to stray off topic just a little bit. The issue at hand here, even as Andy has stated, is not support of Ron Paul. No matter whose name was on the sign, this would've happened.

Andy, I wish you the best with your case. Dealing with municipal hacks who make up their own rules is no picnic. At least you have an excellent lawyer as Rick stated earlier.

"Liberals are people who will believe anything...twice."- William F. Buckley

Good Job Andrew!

Andrew, I would just like to tell you that many of us around the state are very proud of what you are doing. Taking your town to court will not only be protecting your own rights but will also be reinforcing the rights of everyone else in your town and in the rest of NJ. I would like to find out how everything goes so I would appreciate it if Politicker follows up on this story. And Andrew, if you need any help with this battle please feel free to email me. Fight the good fight!

Sean Colon,

Secretary, NJ Libertarian Party

Bravo Andrew

You are a true patriot.  Hope to be with you on 3/20.  This is definitely a free speech issue that needs to be addressed.  Perhaps the other DEMOPUBLICAN boroughs throughout NJ will wake up to the fact that there are people who actually live by the constitution and are willing to stand up for the rights granted to US, the citizens of NJ and the United States of America.  Far too easy for these town councils to do as they deem fit, mostly to appease those that they serve.  Unfortunately, NOT the regular citizen. 

Well well,

look what the Open Public Records Act dragged in...

http://img219.imageshack.us/my.php?image=notanissueca8.gif

Again...

...this is not about the name on the sign, it's about the sign.

I seriously doubt that Sean Colon would want to get involved on Andy's behalf  had it been a McCain, Rudy, Romney, Huckabee, Clinton or Obama sign on his lawn. A beautiful thing to you nepotism is, eh Sean?

As I said before Andy, best of luck to you. This sort of thing should not be happening to anybody on either side of the political aisle and all sides should oppose this kind of nonsense.

"Liberals are people who will believe anything...twice."- William F. Buckley

political signs

Although I am not a supporter of Ron Paul, I agree with Andy's right to post the signs.  Keep at it Andy!

Andy, you should file a lawsuit

Fighting these guys in municiple court isn't enough.  He should file a lawsuit against the town for violating his civil rights.

Paterson NJ tried this too

Hello my name is John Larko a candidate who is running for city council here in Paterson. When I went to get the petitions to run I was given a handbook with all the rules I was required to follow. In 2004 they created an ordinance 414-9 stating that no campaign sign shall be erected 30 days before the election. Voted 7 yes with 2 absent. But also in the packet there was a sheet with a ruling in April 2006 by Judge Robert Passero stating that that ordinance was declared null and void as an unconditional infringement on the right to free speech.

Ordinance is Clearly Unconstitutional

John, you are correct.  In that case, Jiminez v. City of Paterson, Mr. Jiminez's attorney, Peter Cammarano, Esq. of Livingston, successfully argued that Paterson's sign ordinance was unconstitutional as it violated the First Amendment to the U.S. Constitution and Article I, Paragraphs 1 and 6 of the New Jersey Constitution.  Believe it or not, this case was decided in in state court in 2006.  The Boehm case, in Franklin Lakes, was decided in federal court in 2001.  Both of these cases, coming from municipalities bordering Hawthorne, have identical facts to Mr. Gause's case.  Yet, the unconstitutional ordinance still lives in Hawthorne--and Mr. Gause has had one of our most basic rights violated.  We expect that summons against him will be dismissed and that the unlawful ordinance will be immediately repealed.  If it is not, we will continue the fight.

Hawthorne Borough

More Americans need to actually read the Constitution. It is a remarkably brief document and is quite empowering. If only more people like Mr Gause would stand up for their rights, we would all be far better off. We should all offer any support possible to people like Mr Gause. This is not a police state unless we the people allow it to become one.
DON'T TREAD ON ME !!!

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