Maryland v. Ficker

Robin Ficker announced his candidacy for Congress from the Eighth Congressional District of Maryland on April 13, 1971. Shortly thereafter, ""Your Friend Ficker"" signs, advocating Ficker's congressional candidacy, began to appear in large numbers on utility poles, traffic control devices, and other structures within the municipal, County and State road rights of way in Montgomery County. In July of 1971, Ficker was notified by the Montgomery County Division of Zoning, Permits and Licenses that he was violating the County Sign Ordinance (Montgomery County Code, 1965 Ed., as amended, Ch. 111), particularly §§ 111-28d(6), 111-28f(1)(f) and (g) which, among other things, restricted the posting of political campaign signs to private property not earlier than thirty days prior to the date of the primary election, and prohibited placement of signs on a municipal, County, or State right of way or the pasting or attachment thereof to utility poles or other signs.1 Despite the County's notification, Ficker's campaign to innundate the Montgomery County landscape with ""Your Friend Ficker"" signs continued without letup. Thereafter, in September of 1971, the State's Attorney for Montgomery County instituted criminal proceedings against Ficker, alleging that the posting of Ficker's signs violated the provisions of Maryland Code, Article 66C, § 366, declaring it a misdemeanor, punishable by a fine up to $10.00, to affix or procure another to affix any sign to any ""pole, building or other structure, which is in or upon the public highway or which is on the property of another, without first obtaining the written consent of such owner."" Ficker was thrice convicted in October of 1971 in the District Court of affixing his signs to utility poles without permission in violation of this statute. On each occasion he posted the $10.00 fine, appealed to the Circuit Court for Montgomery County, and continued erecting ""Your Friend Ficker"" signs in violation of the State and County laws.