South Whitehall Suspends Enforcement of Ordinance Restricting Campaign Signs

A few weeks ago, I told you that South Whitehall Township zoning officers were attempting to enforce restrictions on campaign signs ($5 permit, no signs 30 days before election) against state senate candidate Rick Orloski, a Democrat, while turning their heads the other way at Republican beacons. Once Orloski sued, Township officials blinked, and suspended enforcement.

Below is a copy of the stipulation signed by Orloski Attorney Larry Otter and Township Attorney Bill Salzer.

Lawrence M. Otter, Esquire, Counsel for Plaintiff and William T. Salzer, Esquire Counsel for Defendant agree and stipulate as follows:

1. South Whitehall Township, Lehigh County, PA and all persons acting under
their direction and control, agrees to defer enforcement of South Whitehall Zoning Ordinance 12.39 (j) (3) as it relates to political campaign signs during the pendency of the 2010 election period, not to exceed April 1, 2011 to allow for a review and evaluation of said ordinance.

2. South Whitehall Township shall not enforce Case No. 20100247 against
plaintiff during the period covered by this Stipulation.

3. The parties request that the Court place this matter into civil suspense through April 4, 2011. The parties shall report to the court by April 4, 2011 as to the status of the dispute including whether the matter may be dismissed by agreement. South Whitehall Township agrees that it will advise plaintiff's counsel as to its position with regard to any amendment of Ordinance 12.39(j) prior to the parties' report to the Court on April 4, 2011.

4. Except as provided herein, this Stipulation does not waive Defendant's rights and defenses as to the legality and enforcement of Ordinance 12.39(j)(3), nor does it waive any of plaintiff's rights with regard to the claims asserted in this civil action.

5. Defendant shall be relieved of filing a response to the Petition for Preliminary Injunction.