Lawsuit weighed over Redmond's advertising policy

Redmond's tough stance on advertising signs is coming under scrutiny after a Washington, D.C.-based libertarian organization yesterday said it is considering filing suit on behalf of a local bagel shop.

Last week city officials told Blazing Bagels that employee Daniel Pickard could not wear an advertising sign on a street corner. The nonprofit Institute for Justice argues that Pickard is protected by constitutional free speech.

The bagel shop is the latest business targeted by the city, which has become increasingly strict about advertising.

Several months ago, Carolyn Miglino gave up her fight to keep five yellow helium balloons tied with a big white ribbon outside Rosetree Cottage, a historic home where she sells furniture and clothing. Miglino said she had attached balloons to her "open" sign for eight years — and even had won a business-design award from the city.

"It's so ridiculous that our world is at war and I am fighting for balloons," Miglino said. "I fought it like crazy for three months. I wrote letters, I got up in front of council, I did everything."

Councilman Richard Cole said he is passionately against advertising in public rights of way. He said the city must treat every business equally, whether it is a car dealer or Rosetree Cottage.

"We are trying to avoid Redmond turning into what Aurora looks like," Cole said. "We believe it is not attractive and it makes the town look trashy."

In the 1990s, so many signs blocked downtown sidewalks that it became difficult to walk down the street, he said. "We went in and banned everything," Cole said. "We are pleased with the results."

Councilwoman Holly Plackett disagrees with the crackdown.

"It's more important to support small businesses than it is to be so petty about this sign ordinance," Plackett said. "It drives me crazy."

At the bagel shop, Pickard returned to the corner of Northeast 70th Street and Redmond Way Northeast this week. He has replaced his sign with a Blazing Bagels T-shirt, and is continuing his dancing, air-guitar and waving routine. City officials said they have no problem with what people choose to wear.

Blazing Bagels owner Dennis Ballen has started a petition at the store and said he intends to defy officials by wearing the sign himself, beginning today.

"The city can't tell me what I can't do," Ballen said. "I'm not going to put up with it."

William Maurer, the executive director of the Institute for Justice's state chapter, said his organization helps small entrepreneurs threatened by government by filing suit on their behalf. The institute is investigating the Blazing Bagels case and plans to make a decision about its next move within about a week, he said.

Jim Roberts, Redmond's assistant planning director, said he believes the issue probably needs to be resolved by lawyers. He is not planning to further intervene at this time.

"We don't want to get into a confrontation," he said. "We are doing our job; it's nothing personal."

Nick Perry: 206-515-5639 or nperry@seattletimes.com