In a victory for religious expression, Becket Fund client Richard Ziegler has won the right to display a sign with a religious message on his front lawn. Richard, who lives in Mishawaka, Indiana, was moved by his faith to erect a white wooden sign on his lawn that reads:
Life is short
Death is sure
Sin is the reason
Christ is the cure.
He had the sign professionally done, which he felt was more attractive than the paper signs for local political elections that he, along with many other people in the community, has put on his front lawn in the past. Nonetheless, the town initiated proceedings to force Mr. Ziegler to remove the sign, which they claimed was in violation of the zoning ordinance. The zoning ordinance prohibits all signs in front yards except for real estate and construction signs, though for year the city has in practice permitted political signs in front lawns.
Local counsel Shawn Ryan argued to the City Council that the city's action amounted to discriminatory enforcement, and that it also violated clear Supreme Court precedent that does not allow a municipality to completely ban yard signs as a mode of expression. We informed the Council that they would face a federal lawsuit if they tried to take down the sign. The Council relented, and granted Mr. Ziegler a zoning variance for the sign.
If you are ever on Jefferson Street in Mishawaka, Indiana, keep your eyes out for the sign--a sign that is not merely a Christian display, but a proud display of our constitutionally guaranteed right to religious liberty.