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Did Dunwoody Violate Right To Free Speech?

That's what a local activist is arguing in a federal lawsuit filed against the city.


A Dunwoody resident has filed a federal lawsuit against the city, arguing that his First Amendment rights are being violated because the city denied his application for a sign that insulted Public Works Director Michael Smith.

According to the Reporter Newspapers, Joe Hirsch and his organization, “Dunwoody’s Public Works Director Michael Smith is a $#%@,” applied for a sign under the city's Adopt-A-Spot program. The city rejected his application, which prompted Hirsch and his attorneys to file the lawsuit on Aug. 13.

The program allows businesses and groups to sponsor the cleanup of a section of roadway. Hirsch is reported to have applied for his sign on Ashford Center Parkway or Chamblee Dunwoody Road.

According to Courthouse News, Hirsch is claiming the city rejected his application simply because of the name of his group.

Dunwoody's public works department denied Hirsch his application without giving a reason, according to the Dunwoody Crier. The paper also reported that  Hirsch filed an open records request. On May 21, the city informed Hirsch via email that his application was denied because the program cannot be used for political purposes.

Rob August 28, 2012 at 05:06 PM
Mr. Asbestos Strikes again: http://www.cbsatlanta.com/story/18888356/asbestos-debris-at-high-school-worries-parents Funny thing I noticed a few Sunday`s ago, after all the whining he does about Dekalb schools, he had some type of party at his home with signs directing his visitors to park in the Dunwoody High School parking lot. Hummm.....
DunwoodyWorkingMan August 28, 2012 at 05:43 PM
Is Joe H the producer for TrustDale TV and TrustDale radio? I am busy but can someone contact Dale and see if this is a lawsuit he and his Trusted advertisers support?
Concerned stakeholder August 28, 2012 at 07:12 PM
Perhaps someone should apply for a sign "Joe Hirsh wastes Tax Payer Money on Trivial Issues".
What goes around comes around August 29, 2012 at 01:31 AM
Honestly. What is his PROBLEM ?? Whatever it is, there is HELP for it, in a much more reasonable manner. Of all people to pick on, why on earth would it be Michael Smith? One of the nicest guys you will ever meet, and he's done a great job for our City. So back off Joe. Really. You are making a fool of yourself. Good grief.
Jason Massad August 29, 2012 at 07:38 AM
Hmmm. Seems free speech has fallen hard on this one.
Margaret August 29, 2012 at 06:52 PM
Maybe we should all get signed up for sections of roads so there aren't any left for the rude, crude people!
Rob August 29, 2012 at 09:57 PM
Patch editors, please remove the above offensive post. DunwoodyWorkingMan is miffed!
Jason Massad August 30, 2012 at 12:50 AM
I want no cursing around my kids, but a variety of opinions. Make mine, no offense. You seem like good people.
Tea Party August 30, 2012 at 01:25 AM
See here's the deal: Obstreperous Joe lays out an esoteric, nuisance charge upon the City which may have enough legal merit to avoid being called frivolous, I cannot say. The fact that he seeks monetary damages and will waste City legal resources to defend makes his 'free speech' claim weak and slippery. I think free speech lives long and strong in Dunwoody.
Jason Massad August 30, 2012 at 08:25 AM
I'm not liberal, make mine. And since we're on the topic. Free speech is not offensive - although I guess it can push boundaries. But profanity, obscenity, is out of bounds on this site. The "Free" speech exhibited n this site does not include racist and other such comments that "violate terms of use" Such comments have been quietly deleted from this site. Hope you've noticed.

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