A Portage ordinance aimed at curbing obscene language was scrapped this week at the advice of City Attorney Dan Whitten.
“I don’t believe it is enforceable in its current format. It doesn’t pass constitutional muster,” he said.Resident Kyle Vottero filed a federal lawsuit after code enforcement officer John Siroky ordered him to remove a flag that reads, “ Joe Biden.”
The city asked the court Thursday to dismiss three of the counts in the lawsuit, indicating that neither Vottero nor the city removed the flag and that the obscenity ordinance has been repealed. The issue is now moot and since no damage was done, no damages should be assessed, the brief said.Whitten urged the council during a Tuesday meeting to craft a new obscenity law that specifically protects political speech while protecting community interests on prurient matters.
Council President Debbie Podgorski, D-At-large, said the Ordinance Committee could consider the issue, but with the faith-based community and others involved.
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