KENNEBUNK – A restaurateur who says his rights were trampled when a town code-enforcement officer ordered the removal of his outdoor umbrellas has reached a settlement.
Brian Bartley said the settlement signed by the Board of Selectmen on Thursday was reached after the town displayed a willingness to work with businesses on the disputed sign ordinance.
“I’m very pleased,” said Bartley, owner of Bartley’s Dock Side Restaurant. “I think it’s a win-win for both of us.”
The settlement calls for Bartley to drop his civil rights lawsuit, for the town to review its ordinance and for both sides to pay their own legal fees.
The town incurred $20,000 in legal fees, while Bartley was being represented for free by a Washington, D.C., law firm.
Bartley sued on the grounds that the removal of umbrellas with advertising violated his free speech rights.
He also argued that the ordinance limiting businesses to three signs was unconstitutional. Under the current ordinance, an umbrella with advertising on it meets the definition of a sign.
The case caused an uproar because Bartley said the town worker singled out umbrellas that said “Hebrew National Beef Franks.” Bartley’s original lawyer said the case smacked of anti-Semitism. “Had the umbrella said ‘Christian National Hot Dogs,’ I don’t think there would have been any issues,” Roland Coles said previously.
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