On The Front Lines

The Rutherford Institute secures free speech victory on behalf on local businessman Tom Slonaker, owner of Arby's Restaurant

Albemarle County Board of Supervisors Agrees to Undertake Study of Existing Sign Ordinance

Charlottesville, Va.-- The Rutherford Institute has secured a free speech victory on behalf of Tom Slonaker, the owner of two area Arby's Restaurants, in his efforts to challenge Albemarle County's zoning ordinances and exercise his First Amendment rights as a local business owner. The Albemarle County Board of Supervisors agreed in a closed meeting Wednesday night to order a study period to review the existing sign ordinance. The study period, which will take effect immediately, is apparently intended to assist the Board in revising the ordinance to meet constitutional strictures. The Rutherford Institute has been invited to be part of that process and will work with the county's attorney on those revisions. The proposed revised ordinance will then proceed to a public hearing.

The situation arose when county officials cited and fined Tom Slonaker this past December for flying the Arby's flag below the U.S. flag in front of his Forest Lakes restaurant. The current zoning ordinance prohibits all banners except the U.S. and state flags. Slonaker was also cited for parking a van bearing the Arby's logo in front of his store. After reviewing the ordinance, The Rutherford Institute termed it unconstitutional. Institute attorneys wrote a cease and desist letter on Slonaker's behalf, denouncing the county's actions as a violation of Slonaker's First Amendment rights. In issuing its decision, the Board of Supervisors also announced it will dismiss the charges against Slonaker. The Board also stated that Arby's will not be cited for flying various flags under the U.S. flag during the study period.

"We are heartened by the Board's reasonable resolution to this matter," stated John W. Whitehead, president of The Rutherford Institute. "We look forward to working together to enact an ordinance that is both pleasing to the public and protective of business owner's constitutional right to free speech."

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.

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