On September 16, 2024, we filed a federal civil rights lawsuit in the the U.S. District Court for the Northern District of New York against the Town of Fleming, New York. The lawsuit was filed on behalf of Laboremo, LLC and its owner, Andrew Cuddy, challenging the Town’s restriction on political signs.
Upon filing the complaint, we promptly filed a motion for a Temporary Restraining Order (TRO), seeking to temporarily halt the enforcement of the unconstitutional sign ordinance.
On September 18, 2024, the federal judge granted our TRO request, thereby halting the enforcement of a section of the Town’s Sign Regulations, which prohibited the display of political signs until 45 days prior to an election.
As noted, our lawsuit challenging this unlawful speech restriction was filed on behalf of Andrew Cuddy, a New York resident and Marine veteran who displayed on his private business property (owned by his company, Laboremo, LLC) four campaign signs for Republican candidates.
Cuddy posted the signs on his private business property on September 4, and the next day the Townâs Zoning Officer issued Cuddyâs company a Notice of Violation/Order to Remedy, directing and ordering Cuddy to remove the signs by October 5, 2024 or else he would face severe punishment. Pursuant to the Notice,
âIf the person or entity served with this order to remedy fails to comply in full with this order to remedy within the thirty (30) day period, that person or entity will be subject to a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both.â
The relatively small campaign signs posted on Cuddyâs private property caused no adverse impact on public health, safety, or welfare. They did not block sight lines, obstruct vision or rights of way, and they were not dangerously distracting, nor did they cause any hazards to motorists or pedestrians.
Additionally, the imposed time period restriction, which did not apply to other types of temporary signs, undermines core political speech even more so today as New York, like many states, allows for voting by early mail ballot or absentee ballot well before the election day.  And âcampaignsâ for candidates run far longer than just 45 days prior to an election. Thus, it is important to be able to display political signs longer than the limited duration allowed by the Townâs Sign Regulations.
As we argued in our memorandum of law filed with the Court, this disparate treatment of political signs is a content-based restriction on the fundamental right to freedom of speech. Consequently, it is subject to strict scrutiny, the most demanding test known to constitutional law.
As stated by the Supreme Court,
âContent-based laws . . . are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests.â Â And â[a] law that is content based on its face is subject to strict scrutiny regardless of the governmentâs benign motive, content-neutral justification, or lack of âanimus toward the ideas containedâ in the regulated speech.â
The Townâs restriction on political signs does not come close to complying with the First Amendment, and the judge agreed, prompting her to issue the TRO.
Complaint - Filed