By Jessica Selby

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WEST WARWICK — With the election over, it might seem safe to assume that issues with campaign signs have passed.

Not so, said West Warwick resident Thomas K. Jones. His dispute with the Town of West Warwick over signs used during his unsuccessful campaign for the state representative seat in District 27 is continuing, he said, and possibly expanding.

Just because the election is over doesn’t mean the Town of West Warwick can disregard him and the lawsuit he and the Rhode Island affiliate of the American Civil Liberties Union (ACLU) filed against it, Jones said.

“The town was proven wrong by a federal judge and they knew they were because they agreed to lift the order that they had against me forcing me to take down my signs,” he said. “They were given the opportunity to pay the attorney fees and that was it; but, now, they are just dragging their feet and we are not going to have it.”

As of Friday, Jones said, he now plans to ask the town to pay personal damages to him, although he had chosen to forgo that option prior to a recent meeting with the lawyer who handled the case for the ACLU on his behalf, Attorney Richard Sinapi. He is also planning to expand his lawsuit to include other town officials, he said.

“We have come to the joint decision that the town is dragging their feet,” Jones said.  “There has been no contact to Mr. Sinapi from anyone at all from the town and I think that that is very wrong on the part of the town.”

The issue stems from a federal lawsuit filed against the town in October having to do with an order by the town’s building official that Jones remove signs dealing with his campaign and his opposition to a proposed water park. The signs, according to the town, violated the size limitations set by town ordinance. The lawsuit claimed the ordinance regulating political signage was confusing, unconstitutional and discriminatory and was being selectively enforced against Jones.

In a hearing/conference in mid-October, the ACLU said, U.S. District Court Judge Ernest Torres entered a temporary restraining order (TRO) against enforcement of the Town of West Warwick’s political sign ordinance.

“The town did eventually consent to entry of a temporary restraining order” allowing Jones to put his signs back up, Sinapi said. The town “could have fought it if they chose, but they chose not to,” he said.

As a result of the town’s decision to agree to the restraining order, Sinapi said, he had a proposed form for a consent judgment and an itemization of his time expended on the case hand-delivered to West Warwick Town Solicitor Timothy Williamson just about three weeks ago. In the consent judgment, which is an offer to settle the case, Sinapi asks for about $12,000 to be paid to his law firm by the town as compensation for attorney’s fees to date.

West Warwick Town Manager James Thomas said the town did not fight the temporary restraining order because “the town decided that it wasn’t worth the fight,” but the town is by no means obligated to pay Tom Jones or Dick Sinapi anything.

“We felt that this was an insignificant freedom of speech issue and that is why we just elected to drop it here because we feel that it is an insignificant thing that wasn’t worth the time and energy and that it would tie up manpower and resources that are better suited to other needs of the town,” Thomas said. “We are not obligated to pay anything to anyone because this wasn’t a win/loss situation.”

He has his own version of why the town failed to pursue its side of the case, Sinapi said.

“They can tell you why they chose not to fight it, but I am telling you that the reason that they didn’t is because they would have lost,” Sinapi said. “There is evidence that we have that would have come out that proves that the notices of violation directing removal of Jones’s signs were politically motivated and discriminatory.”

In fact, Sinapi said, there were at least “97 other signs that were up in the town which were exactly similar in nature to Jones’ signs and they didn’t get any notices.” 

The evidence would have also shown that none of Jones’s signs blocked any roadways in town as the town stated they had, Sinapi said.

“There is a demand out there for an overall resolution of the matter, but now the ball is in the town’s court and they will have to determine how they wish to proceed,” Sinapi said.  “If the town wants to resolve this, and award me the attorney fees, then that would be the end of it, as Tom Jones initially did not want to seek any personal damages.”

Those arguments are laid out in the proposed settlement offered to the town.

The draft consent agreement gives the town 30 days to accept the offer in writing.

“The town is certainly entitled to their trial and day in court if that is the way they wish to proceed,” Sinapi said, although his settlement offer lays out his argument that the town would have little hope of successfully defending the lawsuit and would likely face increased costs in terms of compensatory and potential punitive damages as a result.

Williamson said town officials had plans to sit down to discuss the issue and there is hope the two parties “can resolve this litigation sooner rather than later,” but he was sure no action would be taken prior to the election or the new town council being certified.

The new council in West Warwick will be seated on Monday, but, as of now, according to Peter Calci, vice president of the West Warwick Town Council, nothing regarding the matter of Jones’ lawsuit is scheduled for the agenda for Tuesday’s town council meeting nor does he have any indication the council will be hearing this matter at all.

“I haven’t heard anything at all about this since we first asked the building inspector to look into the matter of Mr. Jones’ signs,” Calci said. “I read something about it in the paper and then his signs were back up, but I really have no information at all about the case and, as far as I know, we have no plans to address the matter on Tuesday or at all any day after that.”