After stating his case against McHenry County's sign ordinance in the court of public opinion for the past two years, state Rep. Jack Franks is taking his fight to an actual court.

Franks, a Democrat from Woodstock, filed court papers Monday asking a judge to throw out the regulations he says violates citizens' First Amendment rights.

"It's a violation of the U.S. Constitution and the Illinois Constitution," he said. "It's an infringement of free and religious speech."

The request is part of a motion to dismiss a citation issued last year against Franks' law firm, Franks, Gerkin & McKenna of Marengo.

The citation alleges the firm is violating county sign regulations with a sign above the office's front doors quoting a biblical verse - "Justice, Justice, Shalt Thou Pursue."

County officials say that because the sign's size, the firm must obtain a special permit for it.

Franks says that requirement amounts to government regulation of free speech.

The ordinance, revamped in 2005 and revised slightly in 2007, is also vague and puts too much discretionary authority in the hands of county inspectors, Franks argues.

Barbara Wheeler, chairman of the McHenry County Board's planning and development committee, welcomed Franks' challenge.

"I think it's phenomenal," said Wheeler, whose committee oversees the regulations. "This is part of the process, and if (the ordinance) is unconstitutional, then shame on us."

The motion to toss out the citation and declare the ordinance unconstitutional will be heard Nov. 3 before Judge James Cowlin.