OTSEGO, MI — An Otsego resident who posted “Impeach Trump” and other signs in his yard says the city improperly ticketed him over the messages that he believes are protected under the First Amendment.

Michael Ransbottom of 252 E. Franklin Street hired an attorney to file a federal lawsuit challenging the city and asking a judge to declare the city’s restrictions on the size and the number of yard signs as unconstitutional.

“You cannot step on civil rights, especially not the first one,” Attorney Robert Levi said on behalf of Ransbottom, relaying a quote by phone. “It’s first for a reason. If we don’t stand up for it now, we might lose it.” Levi said his client declined to comment further.

Otsego City Manager Aaron Mitchell said he doesn’t believe the city’s ordinances violate freedom of speech, and Ransbottom would not be in violation if he had one sign with the same content that was within the size limitations.

Ransbottom said he placed an “Impeach Trump” sign in his yard in September 2018, and two weeks later, the sign was missing. He believes the sign was stolen, the lawsuit states. He replaced the sign with two others, one reading “Impeach Trump” and another reading, “Resist.” One of those signs was later stolen and Ransbottom reported it to police, the lawsuit states.

A sign posted in an Otsego yard reads, "Repeal & Replace." (U.S. District Court Filing)

The lawsuit claims someone drove past Ransbottom’s house, insulting him, and declared to be a Nazi. Afterward, Ransbottom added two “Impeach Trump” signs to his yard, one also stating, “Nazis not welcome.” The two signs were stolen soon after, the suit claims.

Ransbottom installed cameras that he believes prevented another sign theft, the suit states.

An Otsego police official came to Ransbottom’s house and told him the city received an anonymous complaint about the political signs and one of the signs violated a city ordinance because it was too large, and other signs violated an ordinance that limits residents to one sign per issue or candidate, the lawsuit states.

Ransbottom later received a civil infraction, the lawsuit states.

The two sections of Otsego’s political sign ordinance affect rights protected under the First Amendment, the lawsuit states.

“Therefore, strict scrutiny is applied because the ordinances implicate a constitutionally protected fundamental right, the right to freedom of speech,” the suit states.

City Manager Mitchell said other people have signs saying “Impeach Trump” in their yards and they are not in violation. He said the issue has nothing to do with the specific content of the signs, but rather with the number and size.

“We see it as a violation of our temporary yard sign ordinance,” Mitchell said. He said residents can post one temporary yard sign and an additional political sign, which must be about a specific ballot issue or political candidate. Ransbottom’s signs are not considered political signs because they are not about a specific political candidate or ballot issue, Mitchell said.

The city would allow one sign that said “Impeach Trump," Mitchell said, and the city explained options that would bring him into compliance.

“This individual is saying we were trying to limit his political speech, but I don’t think we were," Mitchell said.

Mitchell said the city did not want to write a ticket but did once Ransbottom demanded one after talking to police and city officials about the signs. The city received multiple complaints, Mitchell said.

“When people start complaining we then owe them, that’s our job to make sure they are as satisfied as all individuals are. So we are not going to ignore complaints,” Mitchell said.

He believes the city is in the right, but if the court disagrees, Mitchell said he will listen.

“If we go to court and the court says, ‘no you can’t have this ordinance,’ then we’ll be better for it, and we change our ordinance,” he said.

The lawsuit was filed Jan. 2, and a hearing on Ransbottom’s motion for a temporary restraining order is set for 1:30 p.m. on Tuesday, Jan. 8. before Judge Janet T. Neff, at the United States District Court in Grand Rapids.

A trial for the civil infraction is set for 10 a.m. Thursday, Jan. 10, in Allegan County District Court.

On Jan. 3, Impeach Trump and other signs remained in Ransbottom’s yard, one of them updated to read, “2019.”

If found guilty of the civil infraction, Ransbottom will be subject to a civil fine plus costs, damages, expenses, and other sanctions, according to the lawsuit.

The signs have remained on Ransbottom’s lawn since September, and the city could consider each day the signs have remained as a separate civil infraction that carries a separate fine, the lawsuit states. Mitchell said he did not know the exact cost of the ticket.

According to the lawsuit, the city may also seek relief to abate a violation of the sign ordinance and the zoning administrator could cause the sign to be removed and assess the costs of removal against the owner or as a lien upon the property.