Commission moves to tighten sign regulations

Seeking to avoid headaches surrounding various signs posted on downtown streets, the Sarasota City Commission moved Monday to restrict the posting of all private signs in the public right-of-way.

The move was a response to an ongoing feud between the Sarasota Downtown Merchants Association, led by Ron Soto, and paralegal Michael Barfield. The merchants group had affixed a series of signs discouraging panhandling to light poles; Barfield, vice president of the Florida ACLU, objected to their message.

Under the existing zoning code, city staff said, the merchants’ signs did not qualify as “signs” — and thus were not restricted from being posted. In response, Barfield began posting a number of provocative signs, criticizing downtown merchants and the anti-panhandling campaign.

The zoning code defines a sign as “any object, device, display or structure which is used to advertise, identify, display or direct or attract attention to an object, person, establishment, product, service, event or location.”

Soto, along with other downtown merchants and patrons, responded by cutting down Barfield’s signs. Both parties suggested that law enforcement should reprimand the other. City Attorney Robert Fournier said that, while cutting down the signs could constitute criminal mischief, he didn’t believe anyone should be arrested for such an incident.

Even though the city may passively permit the posting of the signs, Fournier added, it did not mean that the city was responsible for ensuring those signs were undisturbed.

“I don’t think we have an affirmative duty to stand guard over someone's signs they stand in the right of way,” Fournier said.

Fournier said he believed Barfield’s goal was to see the anti-panhandling signs removed from the street.

“I think it's sort of a stunt to make a point,” Fournier said. “And what I think his real objective here is to get rid of the (merchants’) signs.”

If that was the case, Barfield got his wish, as the commission voted 4-1 to tighten its regulations on signs. The city will restrict any private signs — per the dictionary definition, rather than the narrow code definition — from being posted in the right of way.

When staff brings back an amendment to the code, the new language will also include restrictions on other material stationed in the public right of way. Items mentioned at Monday’s meeting included Tube Dudes and decorated bicycles.

Commissioners said they felt the restriction would be the easiest way to assure the issues stemming from the signs would subside, particularly considering Barfield’s litigious reputation.

“This is the cheapest and easiest way to deal with this problem,” Commissioner Shannon Snyder said.

Also at Monday’s commission meeting:

+ Commissioners allowed the developers of a 10-story, 168-unit downtown project to forgo required payments to the city’s affordable housing and transit development funds. The move was approved because the development will include an increased number of apartments sized at 1,250 square feet or smaller.

+ The city revised its code to allow businesses to offer food or non-alcoholic beverage samples to passersby. The move comes after merchants on St. Armands Circle sought permission to issue samples to people on the street in front of their stores.

+ Commissioners revised an earlier move to create an ad-hoc committee to create standards for future events at St. Armands Circle Park. Instead, the city will hold a workshop in March to get input on how the recently passed special events ordinance could be refined.

+ The city presented commissioners Shannon Snyder and Paul Caragiulo with plaques on the final day of their terms in office. Snyder and Caragiulo both resigned to run for the District 2 County Commission seat, which Caragiulo won. Two new commissioners will be appointed at a meeting Wednesday afternoon.

Contact David Conway at [email protected].