Attorney: Wallkill campaign sign removal raises First Amendment concerns

TOWN OF WALLKILL — The removal of Republican supervisor candidate Jill Wilkins’ campaign signs by a Town of Wallkill employee last week raises First Amendment concerns, according to a prominent state election law attorney.

“When it comes to political yard signs, look no further than the Eighth Commandment: ‘Thou shalt not steal,’” said Fusco, who usually represents Republican clients, including elected officials in Orange County. “This is a clear case of government overreach masked by the guise of legality. However, the Constitution and its First Amendment protections trump local town law when it comes to a candidate’s placement of yard signs as an expression of free speech.”

Wilkins said about 15 of her campaign signs, criticizing the town’s proposed 64 percent tax increase, were removed last week. Some were subsequently returned, but she said others remained missing or were damaged. She accused Supervisor Frank DenDanto of directing the removal.

DenDanto has denied the charge and cited a Town of Wallkill zoning ordinance for removing them. A 2002 federal court ruling struck down portions of Wallkill’s sign regulations, including provisions affecting political signs.

Fusco also questioned the storage of Wilkins’ signs if they were ever placed in Town Hall, citing state laws restricting political activity on public property and political advertisements in government buildings. He said the move would appear to violate state law.

On Sunday, Wilkins said she does not plan to pursue legal action over the removal of the signs.