Kathleen Hopkins

@Khopkinsapp

Joseph Hornick will be able to fly his Trump political flags at his West Long Branch home without penalty, after the borough municipal prosecutor on Wednesday dismissed a summons alleging he violated a borough ordinance.

“I got justice today, and the First Amendment has won,’’ the Donald Trump supporter said as he left West Long Branch Municipal Court, which holds its sessions at the Ocean Township municipal complex.

Hornick, 54, a longtime West Long Branch resident, has been flying flags in support of Trump’s presidential bid at his Cedar Avenue home since February, but was cited in March under an ordinance that restricts when political signs can be displayed.

READ:West Long Branch man ticketed for Trump flags

After receiving the summons March 25, Hornick refused to take down the flags, saying he would go to jail first before giving up his First Amendment rights.

That wasn’t necessary. At Hornick’s court appearance on the summons, Gerald Massell, West Long Branch’s municipal prosecutor, said he was dismissing the complaint, saying the ordinance pertains to political signs, not flags.

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Municipal Judge Louis Garippo agreed with Massell.

“It’s somewhat vague as to whether the flags apply or not,’’ Garippo said, referring to the ordinance. Garippo agreed to dismiss the summons.

The dismissal headed off a legal battle on constitutional grounds.

As Hornick walked out of the municipal complex, some supporters said, “Way to go, Joe.’’

Hornick was accompanied by attorneys Jeanne LoCicero, deputy legal director of the American Civil Liberties Union of New Jersey, and Eric D. Sherman of the New York law firm Pryor Cashman, who stood ready to fight the local ordinance on the contention that it infringes on free speech. But Sherman said it doesn’t appear at this point that that battle will be necessary.

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Sherman said he has been in successful discussions with the borough attorney to have it repealed and replaced with something that addresses “clutter’’ but still allows citizens to exercise their First Amendment rights.

“I did tell Mr. Sherman I would recommend the current ordinance be repealed,’’ Gregory Baxter, West Long Branch’s borough attorney, said in a telephone interview Wednesday.

At its meeting May 4, the borough council agreed to reconsider the ordinance, Baxter said.

Enacted seven years ago, the measure restricts — to 30 days before an election and five days afterward — when borough residents may display political signs.

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“We’re going to look at it and try to make it better,’’ Baxter said, adding that it is a difficult balancing act to address citizens’ concerns about the borough’s aesthetics while protecting free speech.

A replacement ordinance may address issues such as placement, size and lighting, he said. “It probably won’t deal with duration,’’ Baxter said.

In the meantime, Baxter said he has advised the borough’s zoning officer not to enforce the existing ordinance.

“This ordinance will not be enforced,’’ the ACLU’s LoCicero said after the brief municipal court proceeding. “People have the right to post signs all year round. The First Amendment protects their rights to post their signs.’’

Regarding other municipalities with similar ordinances, she said, “We hope they will reconsider them.’’

Hornick, meanwhile, reiterated he would rather go to jail than give up his right to free speech and take down the flags showing his support for the presumptive Republican presidential nominee.

“If you’re taking away my freedom, I’d rather sit in jail,’’ he said.

It wasn't likely Hornick would actually have gone to jail if the borough prosecuted him for violating the ordinance. A municipal ordinance violation carries a maximum penalty of 90 days in jail or a $2,000 fine. But the municipal prosecutor said the likely penalty for a violation would be a $106 fine.

Hornick said the flags, which he purchased on eBay, have been flying at his home since February, and he has no intentions of taking them down anytime soon. They are adorned with the words, “Trump – Make America Great Again!’’ Hornick said he fully endorses the slogan.

“He’s the only man who can do it because he’s the only man with greatness,’’ Hornick said of Trump. “We’re dealing with the best candidate to ever run for the presidency.’’

But, when asked by a reporter how he would feel about neighbors flying flags in support of Democratic presidential candidate Hillary Clinton, Hornick said he wouldn’t mind.

“That’s their right,’’ he said.

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And LoCicero said it wouldn’t matter what candidate a person wants to promote on their political signs.

“The ACLU fights for the free speech rights of everyone,’’ LoCicero said. “We’d be here for anyone whose political signs were compromised.’’

Kathleen Hopkins: 732-643-4202; Khopkins@app.com