Perfectly legal: ‘F— OFF’ sign in Hampton irks neighbors, could lead to zoning change – Seacoastonline.com

HAMPTON It's perfectly legal to erect a giant "F--- OFF" banner on the front of your house and currently there is nothing the town government can legally do about it.

"I think it's ridiculous," said Selectman James Waddell, who found out the town's hands were tied in regulating offensive language on signs after receiving complaints about one on Mill Road.

"When I was a kid and you (used that language) someone would smack you. It wouldn't be out there long. But times have changed."

The town's Planning Board is putting forth a zoning amendment to voters March 8 to strike what has been deemed non-enforceable language in the town's sign ordinance prohibiting profanity and explicit content.

However, they are seeking to add wording that limits the owners of residential properties especially the few who display offensive content from displaying banners to two occasions per year, and for no more than 14 consecutivedays per occasion.

A banner, according to the town's zoning ordinance, is defined as a sign of lightweight fabric or similar material that is mounted to a pole or a building. National flags, state or municipal flags, according to the ordinance, are not considered banners.

Planning Board Chairman Tracy Emerick said the impetus behind the amendment was a "F--- OFF" banner put up on a home on Mill Road in 2020 in protest of a new development in the neighborhood. The sign was placed under another banner that read, "Thank God for the First Amendment.

Previous story: Hampton mans F--- OFF yard sign riles neighbors

"There was a lot of heat taken at the town hall about this particular banner," Emerick said.

Selectmen received a number of complaints from neighbors upset children had to walk by it, as well as from motorists who traveleddown the road and saw it.

And they were upset the town leaders were not doing anything about it.

While the town's current sign ordinance prohibits words or pictures that are "obscene, pornographic or immoral character," Emerick said it's considered unenforceable.

"The truth of the matter is that it's a First Amendment right," he said. "The right to free speech is the right to free speech."

Emerick said Town PlannerJasonBachand requested the board remove the language regarding content from the sign ordinance on the advice of the town counsel.

He cited two U.S. Supreme court actions: Reed v. Town of Gilbert (2015), which involved a municipality restricting content-based messaging in signage, and Iancu v. Brunetti (2019), which involved prohibiting the use of a trademark for FUCT clothing line"that was considered immoral and obscene.

Both were deemed unconstitutional in violation of the First Amendment by the court.

Bachand told the Planning Board at a recent meeting the wording could leave the town open to lawsuits, including from a resident challenging why they are not enforcing it.

"We can't do anything on what people put on a banner," Emerick said. "All we can do is try and control the use of banners."

Initially, the first draft of the zoning amendment banned all banners in residential zones.

Emerick said the problem was what if someone wanted to put up a "Welcome Home" sign for a soldier returning from overseas or a "Congratulations" one for a birthday or graduation.

"That's where the two and for only 14 days come from," Emerick said. "We didn't want to restrict positive banners and most positive banners have an event and a timeframe."

Emerick said enforcement, if the amendment is approved, would be done by the town's building department.

The "F--- Off" banner on Mill Road that spurred the zoning amendment is no longer on display.

While selectmen sent a letter to the homeowner requestinghe take down the sign, Waddell said he doesn't believe that did the trick as it was up for months after the request was made.

"I'm not sure why the sign went down," he said. "I don't know if he felt his purpose was served or not."

The sign regarding the First Amendment remains proudly displayed on the home as well as a new small banner of a gnome giving what appears to be the middle finger.

Waddell said he supports the proposed zoning amendment because it gives the town an enforcement tool if future cases arise.

"It's a way to control signs because signs can get totally out of control," he said.

The zoning amendment only pertains to banners and not other signs defined in the ordinance like political signs.

Waddell said he was recently asked what the board could do about people holding up offensive political signs in downtown Hampton.Signs that have led to complaints include "Let's go Brandon" signs (an anti-President Joe Biden slogan) as well as a flag that directly states "(Expletive) Biden," with the swear word made out of guns.

Waddell said again, it's protected by free speech. According to the ACLU, "generally, all types of expression are constitutionally protected in traditional public forums such as streets, sidewalks and parks" and a permit is not required to picket or hold up signs.

Waddell said he's had people ask him if selectmen could restrict the hourspeople can hold signs downtown, "or type of signs they can hold."

"It's a slippery slope," Waddell said. "It's a shame that we even have to think about that."

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Perfectly legal: 'F--- OFF' sign in Hampton irks neighbors, could lead to zoning change - Seacoastonline.com