A federal judge in San Francisco has found the city of American Canyon’s campaign sign law unconstitutional, handing victory to 2006 mayoral candidate Paul Maguire.

Judge Joseph Spero of the U.S. District Court for Northern California on March 1 gave the city 180 days to “address the constitutional defects” of the campaign sign ordinance passed last summer.

Among other restrictions, the city’s law states campaign signs can be displayed no earlier than 90 days before an election and they may not be placed in the public right-of-way.

Maguire said the law violated his free speech rights.

Spero agreed, saying the city improperly applied the law to political signs but not others. He wrote the city “has presented no evidence that justifies treating political campaign signs differently from other types of signs” with the time restriction.

He also found the restriction on placing political signs in the public right-of-way was improper, as it singled out political signs without being applied to commercial or other signs.

American Canyon officials say they plan to ask the court to reconsider the ruling before they go about rewriting the law.

“We are going to seek reconsideration,” said American Canyon City Attorney Bill Ross.

Safety hazard?

According to court records, a campaign sign Maguire had posted at the intersection of Theresa Avenue and Eucalyptus Drive on the east side of Highway 29 was removed by a public works superintendent who believed it was a safety hazard. The city did not notify Maguire before removing the sign.

Maguire, a San Ramon-based real estate owner and former Napa Valley Casino owner who has run for office in American Canyon three times, said he plans to run again in the future, according to court papers.

In an e-mail sent to the Napa Valley Register, Maguire said “I am glad that a federal judge had the wisdom and courage to recognize and announce what I have been saying since September: The American Canyon sign ordinance was a censorship tool adopted by the City Council to inhibit campaigns against incumbents.”

The ordinance was adopted in August; Maguire filed suit in September.

There are no visible campaign signs remaining along the city streets or Highway 29, which is under Caltrans’ jurisdiction.

Caltrans spokesman Keith Wayne said candidates have to obtain a permit 90 days before the election to post a sign on Caltrans property. Candidates also have to take the signs down 10 days after the election.

“A lot of people don’t abide by this rule,” he said. “We don’t condone it.”

As of Jan. 10, the city’s legal fees for the Maguire case totaled about $74,000, according to city records.