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3rd Circuit strikes down town’s limits on political signs

HARRISBURG, Pa. — A federal appeals court panel has found that a small Pennsylvania town's ordinance designed to cut down on lawn signs is unconstitutional, saying that its resulting limitations on political lawn signs violates the free speech rights of residents. The decision by a three-judge panel of the 3rd U.S. Circuit Court of Appeals upheld a lower court ruling against Camp Hill Borough, a town of about 8,000 residents just outside the state capital of Harrisburg. In the 11-page decision, Judge Stephanos Bibas rejected the borough's arguments that its 2021 ordinance only regulated the "time, place and manner" of signs. Rather, the ordinance discriminates between types of content, is overly broad and lacks a compelling enough reason to encroach on free speech rights, Bibas wrote. As proof of the ordinance's regulation of content, the borough sought to impose stricter limits on noncommercial signs, such as political signs, than commercial or holiday signs, Bibas wrote. Bibas wrote that Camp Hill's interests in imposing the limits on signs — traffic safety and aesthetics — are legitimate, but not compelling enough to limit free speech. "While trying to preserve aesthetics and promote traffic safety, Camp Hill stitched together a crazy quilt of a sign ordinance," Bibas wrote. "Because it discriminates against some messages, the ordinance is unconstitutional on its face." Under the ordinance, residents could not put up more than two so-called "personal expression" signs for more than 60 days before an event, in this case, an election. They could not be lit up, taller than 6 feet or remain more than 30 days after the event. The Camp Hill Borough Republican Association and two residents sued in 2022. One resident had been told by the borough code enforcement officer that her three lawn signs — one each for Republican gubernatorial nominee Doug Mastriano, U.S. Senate nominee Dr. Mehmet Oz and U.S. Rep. Scott Perry — were too many. The other resident was told in August that her signs for Oz and Mastriano couldn't be up more than 60 days before the Nov. 8 general election. Paul Lewis, chair of the Camp Hill Borough Republican Association, called it a "powerful decision." "I'm glad that now two different federal courts have been on the side of the constitution and freedom of speech and freedom of expression," Lewis said in an interview Friday. "Regardless of your political leanings, this is something that benefits you, regardless of which party you stand for and support." In a statement, the borough said it was disappointed with the decision "and is concerned with the potential sprawling impact it may have on the ability of the borough and other municipalities to meaningfully regulate signs in pursuit of traffic safety and aesthetics." A borough official said that officials hadn't decided whether to appeal Thursday’s decision.    

Death row inmate ruled incompetent for execution

OKLAHOMA CITY — An Oklahoma judge has ruled that a death row inmate is incompetent to be executed after the prisoner received mental evaluations by psychologists for defense attorneys and state prosecutors. Pittsburg County District Judge Tim Mills wrote that both psychologists found that Wade Greely Lay, 63, lacks a "rational understanding" of why he is to be executed. "Given Mr. Lay's present state of incompetence, the court finds that Mr. Lay may not be executed at this time," Mills wrote in an order signed by defense attorneys and state and local prosecutors. Under Oklahoma law, an inmate is mentally incompetent to be executed if they are unable to have a rational understanding of the reason they are being executed or that their execution is imminent. Defense attorney Callie Heller said the ruling is a relief. "Wade firmly believes that his execution is part of a wide-ranging government conspiracy aimed at silencing him," Heller said in a statement. Mills ordered that Lay undergo mental health treatment in an effort to restore his sanity, which Heller said is unlikely. "Given the duration and severity of Mr. Lay's mental illness and his deterioration in recent years, he is unlikely to become competent in the future," according to Heller. Lay, who represented himself at trial, was convicted and sentenced to death for the May 2004 shooting death of bank guard Kenneth Anderson when he and his then-19-year-old son attempted to rob a Tulsa bank. His son, Christopher Lay, was sentenced to life without parole for his role in the attempted robbery. The Oklahoma Court of Criminal Appeals is expected to issue a formal stay of the execution within days, according to Phil Bacharach, spokesperson for Attorney General Gentner Drummond. "The attorney general is disappointed by the delay, as the family of Kenneth Anderson has waited 20 years for justice to be delivered," Bacharach said. "In the meantime, the inmate will receive the treatment necessary so that he can eventually be reevaluated and hopefully deemed competent to pay for his crime," according to Bacharach. Thursday's ruling is the second time this year a court has found an Oklahoma death row mentally inmate incompetent to be executed. In March, a separate judge ruled the state could not execute 61-year-old James Ryder for his role in the 1999 slayings of a mother and her adult son. In April, Oklahoma executed Michael Dewayne Smith for the 2002 shooting deaths of two women. Smith was the first person executed in Oklahoma this year and the 12th put to death since the state resumed executions in 2021 following a nearly seven-year hiatus resulting from problems with executions in 2014 and 2015. Drummond, the state attorney general, has asked the Oklahoma Court of Criminal Appeals to set execution dates for five additional condemned inmates starting 90 days after Lay's planned execution.

Lawyers’ coalition provides new messengers to Black voters

WASHINGTON — Young Black lawyers and law students are taking on a new role ahead of the general election: Meeting with Black voters in battleground states to increase turnout and serve as watchdogs against voter disenfranchisement. The Young Black Lawyers' Organizing Coalition has recruited lawyers and law students and is sending them to Michigan, Georgia, North Carolina and Texas to meet with Black voters, aiming to better understand the barriers that the historically disadvantaged voting bloc faces when registering to vote and accessing the ballot. The recruits are leading educational focus groups with an ambitious goal: restoring fatigued Black voters' faith in American democracy. "I think what makes us unique is that we're new messengers," said Abdul Dosunmu, a civil rights lawyer who founded YBLOC. "We have never thought about the Black lawyer as someone who is uniquely empowered to be messengers for civic empowerment." Dosunmu, who shared the coalition's plans exclusively with The Associated Press, said recruits will combat apathy among Black voters by listening, rather than telling them why their participation is crucial. The focus groups will inform "a blueprint for how to make democracy work for our communities," he said. According to a Pew Research Center report, in 2023, just 21% of Black adults said they trust the federal government to do the right thing at least most of the time. That's up from a low of 9% during the Trump administration. For white adults, the numbers were reversed: 26% of white adults expressed such trust in 2020, dropping to 13% during the Biden administration. The first stop on the four-state focus group tour was Michigan in February. This month, YBLOC plans to stop in Texas and then North Carolina. Venues for the focus groups have included barbershops, churches and union halls. Alyssa Whitaker, a third-year student at Howard University School of Law, said she got involved because she is dissatisfied with the relationship Black communities have with their democracy. "Attorneys, we know the law," Whitaker said. "We've been studying this stuff and we're deep in the weeds. So, having that type of knowledge and expertise, I do believe there is some level of a responsibility to get involved." In Detroit, Grand Rapids and Pontiac, Michigan, the recruits heard about a wide variety of challenges and grievances. Black voters said they don't feel heard or validated and are exasperated over the lack of options on the ballot. Despite their fatigue, the voters said they remain invested in the political process. "It was great to see that, even if people were a bit more pessimistic in their views, people were very engaged and very knowledgeable about what they were voting for," said another recruit, Awa Nyambi, a third-year student at Howard University School of Law. It's a shame that ever since Black people were guaranteed the right to vote, they've had to pick "the lesser of two evils" on their ballots, said Tameka Ramsey, interim executive director of the Michigan Coalition on Black Civic Participation. "But that's so old," said Ramsey, whose group was inspired by the February event and has begun holding its own listening sessions. These young lawyers are proving the importance of actually listening to varying opinions in the Black community, said Felicia Davis, founder of the HBCU Green Fund, a non-profit organization aimed at driving social justice and supporting sustainable infrastructure for historically Black colleges and universities. YBLOC is "teaching and reawakening the elements of organizing 101," she said. The experience also is informing how the lawyers navigate their careers, said Tyra Beck, a second-year student at The New York University School of Law. "It's personal to me because I'm currently in a constitutional law class," Beck said. Kahaari Kenyatta, a first-year student also at The New York University School of Law, said the experience has reminded him why he got into law. "You care about this democracy and civil engagement," Kenyatta said. "I'm excited to work with YBLOC again, whatever that looks like."