Trophy Club lawn sign declares Trump election winner. Is it politics or free speech?
Town of Trophy Club resident Luanne Wing was told to leave a recent council meeting after she used an expletive to show her concern that officials are using free speech as an excuse for not enforcing political sign and banner ordinances.
At issue is a large sign that says “You know 45 won” (referring to former president Donald Trump), displayed at a home on a cul-de-sac. The sign is visible from Trophy Club Drive, the main thoroughfare through the city.
The sign is written in large red letters. There are also Trump and U.S. flags on the lawn.
Wing sparred with city officials during the public comment portion of the Aug. 24 council meeting.
“I feel like the town of Trophy Club is doing an end run around its own political and banner sign ordinances by redirecting attention to cases in which people claim sign content is free speech. Honestly, I think the low bar would be the protection of, ‘(expletive) your most unfavorite politician’ ... .”
Mayor Alicia Fleury said, “Miss Wing, that is enough. You may be excused. Look around you and the forum that you are in. There are children present. Thank you, you’ve had your time.”
Fleury apologized to the audience.
“I apologize everyone, but again, her speech is protected as well.”
Former Trophy Club council member Beverly Foley, who has the sign on her property, said it falls under free speech. She said code enforcement came to her home, but told her the sign did not violate any ordinances.
Foley described having three signs on her lawn previously, prompting people to go back to work during lockdown, urging people to vote Republican and one stating that Donald Trump is her president.
Foley said some have spoken out against the sign, but others give her a thumbs up or knock on her door to thank her.
“Everybody around here loves it,” Foley said.
Trophy Club officials called for a “point of order” several times during Wing’s speech at the council meeting, telling her that they only have purview over the sign ordinances and said the sign in question is not a political sign and that the city cannot govern free speech.
Wing said she and other residents don’t have a choice of tuning out the message when driving along Trophy Club Drive.
“The sign content is disturbing to say the least,” Wing said.
Town Manager Wade Carroll said Trophy Club can only regulate political signs but not free speech. He said he and the town attorney met with Wing to discuss free speech cases.
Carroll said in an email statement to the Fort Worth Star-Telegram that Trophy Club’s actions are limited by issues governing free speech. He cited U.S. Supreme Court cases, Ladue v. Gilleo and Snyder v. Phelps.
In the case of the City of Ladue v. Gilleo, the Supreme Court ruled that officials can not prohibit homeowners from displaying political signs on their property. In Snyder v. Phelps, the Supreme Court ruled that Westboro Baptist Church picketing a military funeral was protected under the First Amendment.
“We are continuing to monitor the situation with the primary focus of following our Town ordinances, state/federal laws and case law as directed by our Town Attorney while honoring our community’s right to freedom of speech. It is our opinion that the sign in question does not violate any of our standing ordinances and is protected speech.”
But Wing countered that she believes the sign meets the definition of a political sign as it describes an event that Trump won and that it also falls under the definition of a banner.
“We are following the law, constitutional law, and federal law on free speech,“ Carroll said during the council meeting. “The point of order was just to maintain your topic and what we have purview over.”
This story was originally published September 8, 2021 at 5:57 PM.