IOWA WOMAN Ticketed for Patriotic Display: “I have a veterans garden that I put my heart and soul i

[rangerrebew]

IOWA WOMAN Ticketed for Patriotic Display: “I have a veterans garden that I put my heart and soul into.”
Jul 20, 2018


A town is in an uproar over a beautiful patriotic display to honor veterans that a 72-year old woman has been keeping for 11 years. Can you imagine? A petition (SEE BELOW) is filling up in support of Jane Duncan’s display.

This is a great example of big government overreach. It was meant to stop citizens from putting up garage sale signs in the right-of-way. One overzealous person gave Jane Duncan a ticket for violating a city code related to her wonderful display. The town should give her something else…they should give her an award for being Citizen of the Year! What a great patriot!

https://100percentfedup.com/iowa-woman-ticketed-for-patriotic-display-i-have-a-veterans-garden-that-i-put-my-heart-and-soul-into/

[Fishrrman]

[Free Vulcan]

She was ticketed for having a sign in the right-of-way, which in Iowa is typically anything between the sidewalk and the road. She looks up to code there, but it depends on what the city has passed.

[InHeavenThereIsNoBeer]

She was ticketed for having a sign in the right-of-way, which in Iowa is typically anything between the sidewalk and the road. She looks up to code there, but it depends on what the city has passed.

If the law says no signs on the ROW, that's what it means (assuming it's universally enforced).

Make an exception for this woman's patriotic display, and then some clown can get an exception for a 'support unplanned unparenthood' display.

It would be interesting to know if she was ticketed first, or given a warning and refused to comply.

[Cyber Liberty]

If the law says no signs on the ROW, that's what it means (assuming it's universally enforced).

Make an exception for this woman's patriotic display, and then some clown can get an exception for a 'support unplanned unparenthood' display.

It would be interesting to know if she was ticketed first, or given a warning and refused to comply.

Is behind the sidewalk in the ROW?  Non-lawyer here.  If "compliance" means tearing down her garden, I see no functional difference between a ticket and a warning.  Both lead to destruction of the garden.

It appears here we have somebody who complained.  Maybe one person who complained, and a compliance officer who decided what you did:  If we allow a patriotic display, we have to allow other political statements.  I wonder how many flag poles have been torn down with this reasoning?  There's certainly precedence in HOAs.  It could also be a compliance officer applying his own bias, acting on his own complaint.

[Cyber Liberty]

She was ticketed for having a sign in the right-of-way, which in Iowa is typically anything between the sidewalk and the road. She looks up to code there, but it depends on what the city has passed.

The flags on the edge of the sidewalk are iffy.  Somebody might brush their leg against it, if the wind is blowing the right way.  They might trip and put an eye out.

[Suppressed]

Here's the Street View of it...looks like a nice little garden, off the street:
https://goo.gl/maps/SUdjLhwfGHM2


https://www.dbrnews.com/news/duncan-receives-stay-on-removing-flags-and-signs/article_8dbd1298-8c66-11e8-b606-ff48f16f6f61.html

Discussion about the issue at Tuesday evening’s city council meeting revealed some uncertainty whether the city or the Iowa Department of Transportation (DOT) owned the right of way.

The route that is now 7th Street used to be Highway 59, until the highway was moved not far to the west.

Because of the uncertainty, it was recommended that a stay be put on the notice to remove the signs and flags, which means that Duncan can keep them up for now.

Denison Mayor Jared Beymer, who works at Crawford County Abstract, said he would research the ownership of the right of way.

On Thursday afternoon he told the Denison Review that it was decided the right of way was owned by the state. What is not yet certain is if the city has any authority on what is placed in a right of way owned by the DOT.

Beymer said the city is waiting for a response from the DOT and for the city attorney to determine what authority, if any, the city would have over a state-owned right of way.

[InHeavenThereIsNoBeer]

Is behind the sidewalk in the ROW?  Non-lawyer here.  If "compliance" means tearing down her garden, I see no functional difference between a ticket and a warning.  Both lead to destruction of the garden.

It appears here we have somebody who complained.  Maybe one person who complained, and a compliance officer who decided what you did:  If we allow a patriotic display, we have to allow other political statements.  I wonder how many flag poles have been torn down with this reasoning?  There's certainly precedence in HOAs.  It could also be a compliance officer applying his own bias, acting on his own complaint.

I assume the ROW is between the sidewalk and the street.  If her display was in that area, I would hope that she was given a warning, and an appropriate time to move it before being ticketed.  And I would hope that of the thousand people who signed the petition supporting her, enough would have offered to help her move it.  I'd help (if I hadn't been smart enough to move several hundred miles south).

[Cyber Liberty]

I assume the ROW is between the sidewalk and the street.  If her display was in that area, I would hope that she was given a warning, and an appropriate time to move it before being ticketed.  And I would hope that of the thousand people who signed the petition supporting her, enough would have offered to help her move it.  I'd help (if I hadn't been smart enough to move several hundred miles south).

All the pictures, including the Street View @Suppressed posted, show the entire display behind the sidewalk.  Nothing at all in the strip between the sidewalk and the street.  I really can't see how the city can define where the display is as their ROW, unless have a set-back easement or something, like "5 feet behind the sidewalk" or "10 feet from the street."  If that's the case, it can be moved, and I imagine a few hundred people would turn out to help her.  There will be discussion at the text board meeting, they may grant an exemption.