It Is NOT "Illegal" To Have Political Signs Up

The latest hot-button subtopic of the attempted recall of Janet Joakim is the appearance of her campaign signs. Her political signs have allegedly started appearing around her precinct, and for some unknown reason, that has some COGers jumping mad. They are complaining that it is "illegal" to place political signs any time other than 30 days before an election. They want the town to waste money confiscating these signs.

Here, on this blog, I like to discuss the TRUTH. The TRUTH about political signs is that there is no ordinance in the Town of Barnstable that limits political sign placement to a window 30 days before an election.

The Town Council has considered enacting such an ordinance in the past, but it has NEVER approved one. First Amendment and enforcement issues forced the Council to take an alternative route.

Instead of passing a binding, enforceable LAW, the Council passed a resolve "discouraging" the use of political signs anytime other than 30 days before an election. Here's what they said:

98-135A RESOLVE - CAMPAIGN SIGNS
RESOLVE: That the standard of community character for the Town of Barnstable shall reflect the policy that political signs are discouraged prior to 30 days before an election or referendum.
(Passed by the Barnstable Town Council on 8/20/98 by a 10 yes 0 No vote.)

This is NOT a law. It is NOT an ordinance. It is NOT a court order. It is NOT legally binding in ANY way, shape or form. It is merely the opinion of the 1998 Town Council. This opinion cannot force people to take down political signs, it merely discourages them.

Is it tacky to have political signs out before an election? Maybe. However, look at the BIGGER issue: Which is more important - A person's First Amendment Rights? or You not having to see "tacky" signs?


I don't know why, but this sign issue seems to come up year, after year, after year. Every time, there is someone complaining how the signs are "illegal". They may be "discouraged", but the TRUTH is that they are NOT "illegal".

Church or Candidate's Crutch?

Calvary Baptist Church (CBC) on West Main St. Hyannis is a very nice church, and has been a very nice church for years and years. Now, with their Soup Kitchen for the needy, this small congregation has been getting a LOT of notice. That, and the fact that Eric Schwaab continually uses the church as a political launching point.

So, today I was checking out Schwaab's blog today on my daily paroozing of the Barnstable Blog scene. Lo and behold, I found Schwaab sensationalizing another incident at Calvary Baptist.

Incumbent James F. Munafo, Jr. was holding a sign hold-out on the corner of West Main St. and Lincoln Road. He placed temporary signs legally on Town property (the town owns land 23 feet out from the centerline of the street) at the corner. Of course, Eric Schwaab had to come to the rescue (again)... The problem was that he didn't know what he was talking about (as usual)... He instigated a fight with Munafo over the signs, and threatened to steal the signs if Munafo didn't do what he told him to do... Eric is already a notorious sign thief, but when Munafo told him that he would photograph him and report him, Schwaab backed off...

Then, on his blog, Schwaab says this "Minutes later a police cruiser arrives and parks itself right between Farnham and Munafo."

I am laughing so hard right now that I can't stop.

Eric Schwaab knows nothing about the 3rd Precinct and that comment proves it.

That "police cruiser" wasn't police protection that Munafo called in as you claimed (though with you threatening to steal his signs, who would blame him - you called the cops for less), but it was the Hyannis West Elementary School CROSSING GUARD!

I find it HILARIOUS that a guy who claims to be as "in touch" with the residents of the 3rd as Schwaab does, does not even know about the Hyannis West Crossing Guard.

It is SCHWAAB who DOES NOT KNOW THIS PRECINCT!

This isn't the first time Candidate Schwaab has tried to use incidents at the Calvary Baptist Church to make himself look like a knight in shining armor. Here are some other cases in point - instances Schwaab has taken advantage of the Church or used incidents at it to his political advantage:

• "Hate Crime" against CBC - Schwaab incorrectly claims that he & his friends we the only people in the entire town to respond to the church in the aftermath of a disgusting graffiti attack earlier this year.
• "Donation" of stolen Residential Exemption money to CBC - After our "expert" on the Residential Exemption got caught stealing a residential exemption, Candidate Schwaab had to think fast. What could he do to restore credibility to his campaign? He would donate the $$$ to a church. Surely, that would make him look like a good guy... that and the fact that he can write the donation off as a charitable contribution.
• Illegal placement of signs on non-profit's property - Somehow, Schwaaab has convinced the people over @ CBC that he is a good guy (probably his $1800 donation). They allowed him to put his sign up on their property and endorsed him. It was NOT a "free corner". The problem with this is the fact that as a "501 (c) 3" non-profit entity (which allows for the tax write-offs that Schwaab is enjoying) they cannot LEGALLY endorse a candidate for ANY elected office, UNLESS they drop that status and all the nice tax perks that go with it. (Also, to clarify, it is illegal for a church with "501 (c) 3 non-profit status" to endorse a single candidate, but not illegal for it to be a town polling place and allow supporters to place temporary signs.)
• State Rep Demetrius Atsalis' phone call to CBC - When Demetrius Atsalis left a message on the CBC answering machine letting the church know that he thought it was wrong for a church to endorse any candidate, he didn't know it was actually against the law.... but when the church started asking questions, their lawyer sure did... If anything, Mr. Atsalis' phone call may have saved their tax-exempt status... Yet, Schwaab didn't hesitate to use the incident to ride in and "save the day"... Yep, he moved so fast that he accused an innocent flooring company of the incident and told people to boycott their products... He didn't stop to check his facts, and he never apologized... by the time he figured out it was Atsalis, Demetrius had already admitted making the call... There was no malice or ill-intent, but Eric Schwaab had to fabricate some evil for him to save the world from (again)...
• Use of CBC as location of phony proposed debate - A few weeks ago, Mr. Schwaab started pushing a request for another debate with Munafo via blogs... He never called Munafo about the debate to discuss it man-to-man (He still has never called Munafo, EVER.) He tried to use this event he never planned on going through with as a crutch to make him look more manly. He was showing his Third Precinct civic pride by having it @ CBC, and saying that Munafo had to be afraid of Schwaab if he wouldn't debate him in a church... Sad Sad Sad

Hypocrisy? You Decide.

My video has been up for 4 days now. Eric Schwaab has no response. Watch it for yourself below. Mr. Schwaab proves that the very reason he says he is running for office is a farce. The video isn't simply about phone calls - it is Eric Schwaab admitting that the reason he says he is running for office is made up...



Anyway, one of the things he has been doing is complaining that I am making "silly little movies"... Yet, he has his own silly little movie sitting on the front page of his blog... An anonymous caller (supposedly) left a message on the Calvary Baptist Church phone... The movie plays the message and includes the maker calling out the owner of the phone number... And I love how he words his entry so that he insinuates that a Munafo supporter was responsible... Way to sensationalize things...



A few things

• First: Mr. Schwaab has no business complaining about my video when he is posting his own. It makes him look silly.


• Second: ANY church that makes political statements of ANY kind are going to get calls like that. Some people cannot handle the idea of church and politics mixing, and are going to feel the need to voice their opinion.


• Third: Calvary Baptist is a great church and they provide excellent services to the community with their food bank. However, as a church and non-profit food bank, they most likely have what is known as 501(c)(3) tax-exempt status. This status allows people who donate money to the group (including Mr. Schwaab) to write it off on their federal taxes as a charitable donation. This incentive encourages donations, and without it, they will lose income. One of the quirks of this status is that these organizations cannot make political endorsements - posting signs is an endorsement. Now, I don't think that this rule is right, but it is the law... unless Calvary wants to lose its exemption...


• Fourth: During this incident, Mr. Schwaab "helped" the church by taking home the signs of other candidates. This is at least the second time he has interfered with the signs of another candidate. He needs to learn to leave other people's property alone. This "help" is actually against the law...

Decorum Note:

It's worth mentioning here that Mr. Schwaab responded to my video post. He didn't say anything about the video, and proceeded to violate the rules here. His comments were deleted. I put the rules in place for a reason, and expect some respect for them if you want to post comments. The site rules are placed right at the top of the page on the right. They are very clear. If you cannot follow them, don't waste your time posting here.

But what makes it amazing, is that after his comments were removed, Mr. Schwaab complained about it on his site. He said, "It looks like my new friends over at the 3rd Precinct Truth blog are afraid to engage in an open dialog. They are deleting comments." He didn't mention the fact that he violated the rules here - thereby warranting comment deletion. Anyway, not less that 4 hours later, he deleted one of his own comments on the very same page. Amazing! How can he sit there and say that, and then do the very thing he complained about.

Mr. Schwaab, please stop by, comment on the video... As long as you follow the rules, I'm more than willing to host you here... Open dialog is welcome, as long as you follow the rules of this forum... I doubt that you can respond to the video, but the invitation is open.