Judge rejects state lawmaker's challenge to McHenry Co. sign rules

A judge upheld the legality of McHenry County's sign ordinance Monday, denying a bid by State Rep. Jack Franks to have the regulations declared unconstitutional.

The ruling by McHenry County Judge James S. Cowlin sends to trial a citation against Franks' law firm, Franks, Gerkin & McKenna, claiming it is violating the ordinance with a sign quoting biblical verse hung above the office's entrance.

Franks said his firm is reviewing Cowlin's eight-page ruling to determine how to proceed with the case.

"Certainly there's a possibility of an appeal or a motion to reconsider the ruling," the Woodstock Democrat said. "Or we could take the case to trial."

The county's Planning and Development Department cited Franks' firm last year for not obtaining a permit for a sign reading "Justice, Justice Shalt thou pursue" outside its Marengo office. The quote is from the Old Testament Book of Deuteronomy.

Franks had argued that the sign ordinance was unconstitutionally vague, serves as a restraint on free speech and is overbroad.

Cowlin rejects all three arguments, as well as two others offered by the firm, in the written ruling issued Monday.

Franks said he believed the firm had a strong case for having the citation thrown out, but was not surprised by the ruling.

"Winning a motion to dismiss is rare," he said.

A trial on the case is now set for February. If found guilty of violating the ordinance, the firm could face a fine of between $100 to $500.