http://www.teaparty.org/ny-town-takes-man-court-refusal-remove-pro-second-amendment-sign-36468/



*NY Town Takes Man to Court Over Refusal to Remove Pro-Second Amendment
Sign*

[image: 2788532]<http://www.teaparty.org/wp-content/uploads/2014/03/2788532.jpg>

ยท





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*City of Hamburg defends state's attack on Second Amendment by attacking
the First*

(Info Wars) - A town in western New York state is pursuing charges against
a man for refusing to remove a pro-Second Amendment sign from his property,
an order the man and his lawyer are calling unconstitutional.

It all started last October when Hamburg resident Scott Zwierucha began
displaying a sign on his fence showing support for his county's sheriff,
who stood up to New York Governor Andrew Cuomo and said he would not
enforce unconstitutional gun laws or ammo restrictions.

*FAX BLAST SPECIAL: Don't Let The Government Take Your Guns! Protect Your
Second Amendment Rights!*<https://www.teaparty.org/campaigns/45-gun-fax.php>

"Sheriff Howard- Fighting for Your Rights," read Zwierucha's first sign,
commending Sheriff Timothy B. Howard for displaying remarkable spine in the
face of fierce political pressure.

Zwierucha received a notice from the town for that sign in November, but
says when he went to speak with the Town Supervisor he was told it was fine
as it was constitutionally protected free speech.

But on Jan. 14, Zwierucha received another notice advising him to remove
the sign.

At that point, Zwierucha switched to different signage, a large banner that
displayed in bright, bold letters the message, "NY IS NOT S.A.F.E.!! STOP
CUOMO - PRESERVE YOUR RIGHTS!!"

The sign of course referred to New York's notoriously draconian anti-Second
Amendment law rammed through the state legislature in the wake of the Sandy
Hook school shooting, which it turned out was so poorly crafted it
actually turned police into criminals overnight.

In early February, Zwierucha received a summons indicating he had violated
one of the town ordinances, specifically one dictating that "No images or
language shall be painted, affixed to the outward side of any fence or
directed at neighboring properties for any reason."

Ironically, the town sent only him the second notice the day after the town
board majority "flipped Democrat," according to Zwierucha. His suspicions
are sound considering our reportage of anti-gun democrats in the New York
state Senate who had originally proposed gun confiscation be included in
the SAFE Act.

"It in no way causes a problem for anyone," Zwierucha told Buffalo News.
"This is a first amendment issue. There are fences with commercial messages
on it all over town," he said.

It's on this basis Zwierucha's lawyer, Jim Ostrowski, wants the city to
dismiss the case.

"You have an absolute right to have a political sign on your property in
spite of any local laws to the contrary. . Off the public right of way you
can have any sign you want and that's been ruled on by the Supreme Court,"
Ostrowski said during an interview with WBEN's Hardline program.

Ostrowski may be referring to *Ladue v. Gilleo,* which in 1994 found a city
law which prohibited a war protest sign in the window of a home was
unconstitutional.

Gun rights groups, such as SCOPE and the Shooter's Committee on Public
Education, are already planning to hold a rally outside of the courthouse
on Friday morning before the case is taken up by a judge.

http://www.infowars.com/ny-town-takes-man-to-court-for-refusal-to-remove-pro-second-amendment-sign/




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