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CALVIN R. PECK, JR.
(Articles are in reverse chronological order)
Tab 9
Star-News (Wilmington, NC)
October 14, 2005
Political signs in dispute again
Warning issued in Carolina Beach
Author: Sherry Jones
Just weeks after Oak Island repealed a portion of its sign ordinance because of claims it was
unconstitutional, another town is facing similar charges.
Earlier this month, Carolina Beach notified all candidates running for office in the town, as well
as those in Kure Beach, about its sign ordinance, which says political signs cannot be posted
until 17 days before the election. This year, that would be Oct. 22 because the election is Nov. 8.
Town officials said they issued the warning because four candidates, including three in Kure
Beach, had already violated the town's ordinance. But one of those candidates, Dean Lambeth,
who's seeking a spot on the Kure Beach Town Council, is challenging Carolina Beach's
ordinance. A letter from his attorney to the town says the law "is almost certainly
unconstitutional."
Two other Kure Beach candidates - Tim Fuller, who's running for mayor, and Gary Owen, who's
running for the Town Council - had signs in the same location on Dow Road near Ocean
Boulevard. Carolina Beach officials said Mayor Dennis Barbour also had violated the sign
ordinance when he held a function at the lake and placed dozens of yard signs in the ground
there.
Ed Parvin, Carolina Beach's interim planning director, said letters were sent to all candidates as a
reminder of the time frame, size, number and location permissible for yard signs.
He said the town typically sends warning letters for the first offense, then starts picking up signs
after that. The town could issue civil citations to violators, but Mr. Parvin said it's not worth the
effort. By the time the town followed the proper procedure for issuing a fine, the election would
be over, he said.
Besides, he said, the warning letters usually do the trick. In this instance, the violators removed
their signs immediately.
Mr. Lambeth said he complied with the town's request even though he doesn't agree with the
ordinance. He even questions whether the town has authority over the area where his signs were
posted.
"We've always put signs there, and there've never been any questions until now," he said. "So,
yes, I'm upset."
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