Cincinnati's yard sign law: the devil's in the details

In the other corner of Ohio, the natives have a term for the tree lawn that sits between the sidewalk and the street. They call it the "devil's strip."

Former Akron Beacon Journal editorial writer David C. Cooper explains the etymology in Wheels of Fortune: The History of Rubber in Akron:

The origin of this term is murky; one version has it that a judge was called on to determine whether a homeowner or the city was responsible for the upkeep of the strip of land. In frustration, the judge is supposed to have said, "If it's not the city's upkeep and not the owner's upkeep, it must belong to the devil" -- hence devil's strip or devil strip.

What does this have to do with campaign yard signs in the Queen City?

The regulations regarding yard signs in Cincinnati seem to be as murky as the origins of the devil's strip -- so much so that even City Council can't interpret its own ordinances.

City Council passed a resolution last week urging candidates to follow the ordinance banning yard signs from public rights-of-way, but cited the wrong ordinance. Chief Deputy City Solicitor Roshani Hardin says the resolution should have referred to Cincinnati Municipal Code Section 714-23:

No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street or other public place within the city. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept it, except within or around the city hall building.

Hardin admitted that the 1971 ordinance uses "arcane language." (Is a yard sign a "handbill?") But she said it's been consistenly interpreted as prohibiting campaign signs on the devil's strip. "If you're talking about the right-of-way on either side of the sidewalk, that's considered a public place," Hardin explained.

So to sum up: A homeowner is responsible for maintaining the tree lawn, and homeowners that don't will find themselves in housing court with a weed citation and, eventually, an assessment on their property. But for purposes of political expression the tree lawn suddenly belongs to the city, which can cite you with a $100 fine -- or, on a second offense, possible jail time.

If that doesn't make sense, don't complain to City Council.

Curse the devil.