Oil City man files lawsuit over removal of anti-Trump sign

OIL CITY — A Venango County man claims in a lawsuit filed Friday that the city violated his First Amendment rights by forcing him to remove multiple anti-Donald Trump political yard signs that contained phrases like “(Expletive) Trump” and “If you like Trump (expletive) you too.”

William E. Healy filed the lawsuit in the Western District Court of Pennsylvania against the city, stating that in early September Oil City’s chief of police called him after receiving complaints about the signs. The police chief told Healy’s lawyer, Michael Hadley, that he considered the 18-inch by 24-inch signs to be an act of disorderly conduct.

In the lawsuit, Hadley contends that his client’s First and 14th Amendment rights were “chilled” by the threat of criminal prosecution "and thus suffers irreparable harm which is continuing and ongoing.“

Hadley cites both federal and state case law that has found the use of the expletive that appears on his sign does not constitute obscene language and therefore is considered protected free speech.

Hadley also enclosed a letter that he sent to the city on Healy’s behalf on Aug. 8. The letter sought to inform the city of Healy’s intent to place the signs on lots he owns on Cooper Avenue, which Healy refers to as “Freedom Corner,” to avoid criminal, civil or administrative sanctions.

The city never responded to the letter, the lawsuit says.

The lawsuit also claims that Oil City government "policymakers and officials are deliberately indifferent, fail to appropriately train, and/or discipline its officers regarding the misapplication of the disorderly conduct statute to threaten, arrest and/or prosecute people engaged in constitutionally protected activity.“

Healy is asking the court for a declaratory judgment on the constitutionality of the sign, an injunction to protect him from further scrutiny from Oil City, compensatory and punitive damages and legal fees.

City Manager Mark G. Schroyer did not immediately return calls seeking comment.

Contact Matthew Rink at mrink@timesnews.com. Follow him on Twitter at @ETNrink.