Government

Man vs. City: FL Man Fighting Local Gov’t Over Right to Post Critical Signs

Auto mechanic Wayne Weatherbee has been waging a one-man protest against the city of Clermont for years.

According to a local Florida station, WFTV, the dispute began after “Weatherbee [agreed] to move his business across the street, so the city could expand its police headquarters. Now Weatherbee says the city has denied his request for an occupational license at his new shop.”  To be fair, Weatherbee refused to apply for some of the “special permissions” he needs in order to run an automotive shop in the central business district, on principle.

Man Sues City in Freedom of Speech Case, Wins

Wayne Weatherbee Poses in Front of His Signs (Photo: Stephen Hudak March 2012)

But the current issue began later when, in protest, Weatherbee began erecting signs critical of the city on his property.  He immediately began receiving charges of $75 a day, but rather than capitulate, new signs went up.  Messages included, “27 Years in the Automotive Business and this Town is Trying to Turn Me into a Sign Painter,“ and ”ACLU Where Are You.”

According to the ACLU, which did step in and file a suit on Weatherbee’s behalf:

This series of actions crossed the line and unacceptably infringed on Weatherbee’s right to free expression…city officials have unconstitutionally targeted Weatherbee, attempting to suppress his free speech…

Political speech doesn’t have to be pretty to be protected.  And when a city regulates political speech based on its content, it is a violation of the First Amendment.  Clermont’s code, for instance, would allow, without a permit, a sign that urges viewers to ‘Vote for Crist for Senate,’ but would require a permit for one that reads ‘Impeach Gov. Crist.’ That’s viewpoint discrimination, and it’s unconstitutional.

The result?  A federal judge ruled in Weatherbee’s favor in 2010, ordering that he be recompensed $62,000.  But the signs are still causing problems, and the city is “bracing for a rematch.” How so? It went ahead and passed a new ordinance against signs:

The city may soon try to impose fines of up to $250 a day for signs that city officials contend violate Clermont’s new sign ordinance, which was approved by the City Council after the loss in federal court.

“Bring it on, brother,” said Weatherbee, thick engine grease under his fingernails.

When asked whether he‘s willing to just take the signs down now that he’s “made his point,” Weatherbee responded with a laugh.

“No, no, no, no, no, no…They’re not going anywhere until we resolve the underlying issue that made me put them up in the first place … . Sure, I sued the city, we won and the city paid. But who’s the city? The city is us, the taxpayers … . It’s like I sued us, the taxpayers, to keep my signs, and protect my First Amendment right, our freedom of speech. Crazy.”

(H/T: Blaze reader Donna A.)

Comments (67)

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  • COFemale
    Posted on March 6, 2012 at 2:33pm

    If they passed an ordinance for no signs, wouldn’t that apply to all businesses in the area. That means nobody can advertise their business. Sounds like a few pissed off council members who have a stick up their ____________ and tried to puff their chest up to show they were in charge and lost. Now they have gone too far. Hope they are sued again for a much higher amount. I would also be conducting a recall effort.

    Report Post » COFemale  
    • dnewton
      Posted on March 6, 2012 at 3:07pm

      If you ever want to see what would happen if there are no signs, go to an area that has had a hurricane. It is pretty tough to find anything quickly and it is quite distracting. Signs are a good thing when they are not over done and are accurate and not too small to see while traveling at a reasonable speed.

      Report Post »  
    • Onowicit
      Posted on March 6, 2012 at 8:02pm

      you can’t fight City Hall, my ASSembly line signs. looks like I’ll be getting my car fixed in Clermont

      Report Post » Onowicit  
    • WeekendAtBernankes
      Posted on March 7, 2012 at 5:32pm

      This is what happens when you pay people to sit around and make up rules. All humans desire to feel productive, and when feeling productive means thinking up new rules, this is what you get. Legislation should not be a full-time year-round profession.

      Report Post » WeekendAtBernankes  
  • tharpdevenport
    Posted on March 6, 2012 at 2:24pm

    IT‘s a shame he wasn’t a black Muslim woman, otherwise it would be all over CNN, and the ACLU would be holding rallies, protests outside City Hall, etc.

    His first mistake was asking for the ACLU. He should have contacted, while it’s still watchable and on our side (which shouldn’t be too much longer) FOX News, GBTV, other powerful Right, and conservative groups.

    Report Post » tharpdevenport  
  • Eric_The_Red_State
    Posted on March 6, 2012 at 2:22pm

    They should just fence off California and send all the Liberals there.
    And keep them there.
    Forever

    Leave the law abiding – God fearing – honest – hard working people alone.

    Go suck off your own government breast from now on…. and when it dries up – don’t come looking for us to bail you out.

    Report Post » Eric_The_Red_State  
    • So Cal Tea
      Posted on March 6, 2012 at 2:33pm

      No thank you.

      Report Post » So Cal Tea  
    • FoeHammer865
      Posted on March 6, 2012 at 2:40pm

      If were rounding up Liberals, then why give them a beautiful state? Give them Arizona or New Mexico.

      Report Post »  
    • Eric_The_Red_State
      Posted on March 6, 2012 at 2:49pm

      I was just trying to save as many people as possible the cost to move.
      (Lots of Liberals in California to start with)

      Sorry California Conservatives – come to Oregon instead. We have SEASONS!! :)

      Report Post » Eric_The_Red_State  
    • So Cal Tea
      Posted on March 6, 2012 at 3:06pm

      Maybe we could drag down a glacier, park it off the cost of Mexico, let them build their version of the perfect government there and see what melts away first.

      One of the problems with socialism is, eventually you run out of other people’s money

      Report Post » So Cal Tea  
    • VRW Conspirator
      Posted on March 6, 2012 at 4:17pm

      Eric
      if you look at CA in terms of counties…you will find that the majority of counties in CA are Red..the problem is that most of the large population centers vote Blue. and do you really want to give liberals the 8th largest economy in the world to destroy?? that produces 1/4 of all the food in the USA?
      CA is the only state in the Union that can have you surfing in the morning, 4 wheeling in the afternoon, and skiing at night. Desert, surf, and snow all within 2 hours in any direction…dang near perfect….only problem is that San Fran let in to many hippies during the 60′s and they never went home….up until the 1970′s CA was a good solid Red state….
      How about all the hippies take their ideas and themselves back to where they came from..the Mid West and Northeast?
      And last time I checked Oregon voted pretty liberal with all those tree huggin eco-nazis.. they won’t even let you pump your own gas…WTH??

      Report Post » VRW Conspirator  
    • 3monkeysmomma
      Posted on March 6, 2012 at 5:53pm

      @foehammer

      On behalf of all my fellow Arizonians: BITE ME!

      PS: Thousands of tourists from all over the world who come here to see the Grand Canyon think AZ is quite beautiful! What’s your state got that compares with that?

      Report Post » 3monkeysmomma  
    • Raider1
      Posted on March 6, 2012 at 6:02pm

      It‘s not california’s problem….it’s all of our problem. This is what they mean by “progress”. This happens anywhere we have “govt. officials”. It doesn’t take long before they start getting into the mindset that they are privileged and can start abusing their powers. If you look you can see this type of behavior all across AMERICA!! IF PEOPLE DON’T START GETTING INVOLVED NOW THERE MAY BE NO ONE LEFT TO HELP WHEN IT HAPPENS TO YOU.

      Report Post » Raider1  
    • MammalOne
      Posted on March 6, 2012 at 9:39pm

      wtf are you talking about? this story has nothing to do with california or liberals.
      And you’re sending them to the most beautiful and resource rich state in the union – i‘m no liberal but I wouldn’t mind a free trip to california on your dime there, Eric.

      Report Post » MammalOne  
  • ROMANS 10-9
    Posted on March 6, 2012 at 2:18pm

    I Voted

    For

    RICK SANTORUM!!!

    Report Post » ROMANS 10-9  
  • paleoman
    Posted on March 6, 2012 at 1:59pm

    Change R U scared yet? Thats whats under my business name on my sign out front. Most people approve of it but there is acouple delivery boys that I think don’t approve of it, but they are the ones that put that Jackass in office.

    Report Post »  
  • OklahomaBound
    Posted on March 6, 2012 at 1:48pm

    The guy does the city a favor and as payment they make his life miserable. This guy needs to run for Mayor and change the rules from the inside.

    Report Post » OklahomaBound  
  • sWampy
    Posted on March 6, 2012 at 1:42pm

    The ACLU could never represent him, they never are on the side of freedom, just enslavement, they are a typical liberal organization that has a name that reflects the exact opposite of what they were founded to do.

    Report Post »  
    • VanceUppercut
      Posted on March 6, 2012 at 3:12pm

      @sWampy
      They did represent him. Perhaps you should read the whole story before you post a comment next time. Wait, sorry, that would be “infringing on your right” to be a jackass.

      Report Post »  
    • MammalOne
      Posted on March 6, 2012 at 9:41pm

      Does anyone read the article before posting anymore? They DID represent him and they WON in the name of protecting his free speech rights. Wtf people?

      Report Post » MammalOne  
  • Patrick Henry
    Posted on March 6, 2012 at 1:39pm

    I love this guys will and patriotism we need some one like him running for POTUS. All the good ones are in the streets standing up for us and we post and hope things get better LMAO.

    Report Post » Patrick Henry  
  • BaileyJack
    Posted on March 6, 2012 at 1:33pm

    Hey, I live in Clermont, having just moved here and have seen his signs. Clermont is just west of Orlando, and is basically a small Florida town and has a quaint little downtown area. When I first saw them I wondered what it was about – now I know.

    Report Post »  
    • babylonvi
      Posted on March 6, 2012 at 3:53pm

      So start the recall effort and run for counsel yourself.

      Report Post » babylonvi  
  • deeberj
    Posted on March 6, 2012 at 1:07pm

    Yes, if the city asked him to move, they should have automatically renewed his permits, which I assume he already had since he was only across the street.

    Report Post » deeberj  
    • CatB
      Posted on March 6, 2012 at 1:28pm

      I agree .. he should be grandfathered in .. since it was the same area .. and should not have to reapply .. Jerks!

      Report Post »  
    • VigilantGuardShark
      Posted on March 6, 2012 at 1:32pm

      Basically it seems to me that there are a bunch of Country Club elitists in the city government there and this ‘grease monkey’ (what they privately view him as) has the audacity to oppose their agenda. Keep being a thorn in their side Wayne Weatherbee.

      Report Post »  
  • Walkabout
    Posted on March 6, 2012 at 12:46pm

    If the city asked him to move they should have automatically gave him all the permits.

    There was a prince, who inherited a kingdom, where there were too many permits. He grew up spoiled. Some time after assuming kingship, his kingdom was overthrown. When fleeing he was stopped while moving from place to place.

    Poor, poor king did nit have a **** to move from point A to point B. He died.

    During & before his kingship the advisers were known as the Legalists. That is people with with the equivalent of today’s JD.

    JDs, I don’t think much of many of them. They don’t work with their hands & they know so little of so many things. But as they say the less you know the easier you think it is to do something.

    They know so little inside the Beltway, so many JDs

    Report Post »  
  • Minonkman
    Posted on March 6, 2012 at 12:42pm

    All the city has to do is find a Obama judge, to beat this guy in the ground. Just think his taxes are being used to fight him, so you could say this is a fight no one will win.

    Report Post » Minonkman  
    • Shasta
      Posted on March 6, 2012 at 1:24pm

      Like the Obama judge that put the unions ahead of the secured bond holders in the Chrysler bail out. He picked the judge and it was totally illegal. So what else is new?

      Report Post » Shasta  
  • Silversmith
    Posted on March 6, 2012 at 12:34pm

    Sounds like something petty is finding voice on that city council. To not give the man permits to conduct his business, after he moved to help out the town’s police facility smacks of someone trying to pull a fast one. Bait and Switch.

    Silversmith

    Report Post » Silversmith  
    • Jaycen
      Posted on March 6, 2012 at 1:15pm

      It’s petty, and Owt_Raged is correct – in an effort to keep people from being offended, other people must have their rights suppressed. That’s not America.

      This isn’t just Un-American, it’s Anti-American.

      Report Post » Jaycen  
  • Owt_Raged
    Posted on March 6, 2012 at 12:33pm

    See where we are? In an effort to not have your little lives disrupted in any way, you have allowed local, state and national government to control everything you do, including but not limited to words you use on your own private property. Is this the America our Constitution sought to create? I don’t think so…

    Report Post » Owt_Raged  
  • BurntHills
    Posted on March 6, 2012 at 12:28pm

    God bless that guy!

    Report Post » BurntHills  
  • 2GodBeTheGlory
    Posted on March 6, 2012 at 12:25pm

    “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceable to assemble, and to petition the Government for a redress of grievances.”

    For those that point to the Supreme Court in reference to “restricting” freedom of speech (i.e. yelling “fire” in a crowded theater) have not read what they where talking about. The Court was stating that if your reasonable intent was to cause harm, then you are at fault for causing harm – if there was a fire in the theater, then of course you would not be charged. It is about the expected result of the speech and not the speech itself.

    Report Post » 2GodBeTheGlory  
  • Truth1776
    Posted on March 6, 2012 at 12:08pm

    Signs now – speech later? Keep up the good fight! Add Clermont as a city Not to visit or drive through.

    Report Post » Truth1776  
    • jnobfan
      Posted on March 6, 2012 at 12:27pm

      No good deed goes unpunished.
      Should have held out for retirement money instead of moving.

      Report Post »  
  • InfiniteSolutions
    Posted on March 6, 2012 at 12:06pm

    Vote them out with all the details why. That’s the kind of sign he needs to put up. We the people are the government and you elected officials were hired by us. We are coming for you in the voting box, you are out!!!!!!!!!!!!!!!!!!!

    Report Post »  
    • hidden_lion
      Posted on March 6, 2012 at 12:43pm

      He should put pictures of the city council members up for ridicule. Expose the oppressors and the thugs.

      Report Post » hidden_lion  
    • Vickie Dhaene
      Posted on March 6, 2012 at 2:32pm

      We should not have to go through all this nonsense. Was there any public discussion before they made law changes? I would doubt it. Keep fighting for our Freedoms, for surely we are losing them at an overwhelming speed.

      Report Post »  
  • cemerius
    Posted on March 6, 2012 at 12:04pm

    Once again my state is losing it’s sanity!!

    Report Post » cemerius  
    • goahead.makemyday
      Posted on March 6, 2012 at 1:41pm

      I agree I’m just glad I live near Tallahassee not down south of sanity.

      Report Post » goahead.makemyday  
    • Zoe
      Posted on March 8, 2012 at 8:19am

      So when will the State of Florida Funeral Board be investigated ……………………..

      The Irony – Talk about the King has no clothes…………………..

      Report Post » Zoe  
  • Drum Man
    Posted on March 6, 2012 at 12:04pm

    Good job Mr. Weatherbee. Stand up for what you believe in.

    Report Post » Drum Man  
  • cannon12pdr
    Posted on March 6, 2012 at 12:01pm

    It looks like if the city officals were responsible for their unconstitional votes then they should pay instead of the taxpayer. Hold them personaly liabel for their actions.

    Report Post »  
    • 1Patriotgal
      Posted on March 6, 2012 at 12:40pm

      I agree- sue them personally, for their actions as “public” officials. Jusy need to find a Liar, err lawyer, to take the case….

      Report Post »  
  • junior1971
    Posted on March 6, 2012 at 11:59am

    If we all stood up like this guy, all at the same time, they would be too afraid to tell us to sit down and shut up!

    Report Post » junior1971  
    • cemerius
      Posted on March 6, 2012 at 12:07pm

      Of course there are many that would take it too far…..as in Pastor Jones!

      Report Post » cemerius  
  • BONETRAUMA
    Posted on March 6, 2012 at 11:59am

    Blaze,

    Please remove the picture of that flat headed puke.

    Thank you
    Bonetrauma

    Report Post »  
  • broker0101
    Posted on March 6, 2012 at 11:58am

    Let’s see how many Blazers have any comprehension of the differences between what the Federal Government can and cannot do and what State and Local Governments can and cannot do. The ignorance ought to be astonishing. Ready? Go!

    Report Post » broker0101  
    • 2GodBeTheGlory
      Posted on March 6, 2012 at 12:36pm

      @Broker0101

      So you think the Constitution allows for the state and local government to silence anyone in any way they choose? Remember, the 1st amendment only talks about congress restricting religion and speech, and not state and local.

      Report Post » 2GodBeTheGlory  
    • markitech
      Posted on March 6, 2012 at 12:41pm

      Are you implying the First Amendment does not apply to State and local jurisdictions?

      Report Post »  
    • David, the Constitutional Libertarian
      Posted on March 6, 2012 at 7:49pm

      Question for you since you think you are soo smart, since the Constitution is a restriction on government, not the people, how can a county enact prohibition on alcohol yet a county cannot allow slavery? Or a bunch of other parts, like say gun rights can be taken away my municipalities, or can a state prohibit abortion, or a thousand other examples. Why is one allowed and not others?

      Will be waiting for your slobbering excuses on this.

      Report Post » David, the Constitutional Libertarian  
  • lukerw
    Posted on March 6, 2012 at 11:53am

    Government jobs…. attract Fascists… not the Service Oriented!

    Report Post » lukerw  
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