The 1994 poster ban always struck me as former city attorney Mark Sidran's dumbest "civility" law. As problematic as his other schoolmarm rules were--no peeing, no aggressive panhandling, no sidewalk sitting, among others--there was always an annoying grain of truth to them. People shouldn't be pissing on the street or hard-selling old ladies for change.

However, the poster ban--which made it illegal to put a handbill, sign, or poster on utility poles or lamp posts--seemed flat-out un-American. As I've often said when writing about Sidran nonsense: Don't take my word for it, check out what a real live judge said. Knocking down Sidran's ordinance on August 5 (calling poles a "traditional public forum"), Superior Court Judge Marlin J. Appelwick wrote that the ordinance "sweeps within its grasp constitutionally protected speech. The anti-posting ordinance is overbroad and therefore is an unconstitutional restriction on free speech."

Unfortunately, new city attorney Tom Carr, who nabbed The Stranger's endorsement in 2001 as an antidote to Sidran, actually advised the city council in closed executive session on Monday, August 12, to appeal Appelwick's decision.

"I'm not thrilled with the decision," Carr told The Stranger. Carr says he doesn't like the legal precedent Appelwick's ruling sets because it means the Washington State Constitution is more permissive about defining "public forums" than the U.S. Constitution--and the court's reasoning could lead to inappropriate postering in parks or allow unchecked postering by spendy commercial interests.

Come on, Tom.

1. The ruling specifically limits its decision to poles.

2. The ruling specifically calls out the rights of underfunded causes, making its intent clear-cut: "Posting is 'essential to the poorly financed causes' of the public."

3. It's good that the Washington State Constitution is more mindful of free speech than the U.S. Constitution. The council should ignore Carr.

Speaking of the city attorney: Thank you to everyone who entered "The Hedreen Contest" by submitting impressively selfish "personalized laws" in the spirit of the city council's customized $6 million handout to developer Richard C. Hedreen. There were a slew of grand ideas--Mr. Morris' $20.5 million pneumatic transportation tube from his Belltown condo to an ATM in Seattle Center was an egocentric high. The winner, however, rivaling Hedreen with its blatant disregard for others, was Anthony House's personalized parking plan. Stay tuned, Tony: City Attorney Carr and I are looking for loopholes in the Americans with Disabilities Act (ADA). Surely, if Carr can convince these city council bozos to ignore the Constitution, he can get them to ignore the inconsequential ADA--and reassign those routinely empty but untouchable 9,000 handicapped parking spaces all to you.

josh@thestranger.com