Federal judge backs Leavenworth’s sign code

A federal judge has ruled that a Washington theme town has
the right to dictate to business owners exactly what type
of signs can be displayed on their property. It’s
vindication for the city of Leavenworth, one of the most
popular theme towns in America.

The Chelan County town was dying in the 1960s. “Families
were moving away to find work and our timber industry was
all that sustained us here in Leavenworth,” said Mayor
Cheri Kelley Farivar.

The mayor says the city decided to dress itself up as a
Bavarian village to attract tourism, and it worked, now
drawing two million visitors each year. All commercial and
government signs must conform to the Bavarian theme.

“We don’t allow neon signs in our downtown business core
and we don’t allow backlit signs and we don’t have
billboards as such,” she said. “All of our signs are
appropriate to the old world, Bavarian-alpine theme,
meaning they’re carved or they’re wooden painted signs.”

The city understandably protects its Bavarian image so
when the owner of a hotel and tavern put up signs that
didn’t comply, the city ordered them removed.

Steve Demarest then sued, claiming the sign restrictions
were unconstitutionsal, a violation of free speech. Mayor
Farivar said at trial, the judge asked the city
administrator if it would be okay if Demarest put up a
sign that complied with the sign code for size, style and
composition, but with the message: “Leavenworth Sign Code
is Baloney.”

“The answer was yes,” said Farivar. “It’s content neutral.
We don’t say what the signs have to say,” she explained.

Demarest, a lawyer who argued his case in court, did not
respond to a request for an interview about the federal
judge’s ruling in Spokane. He told the Wenatchee World,
“the judge’s decision provides a framework for business
owners to negotiate with the city over their signs and
advertising.”

Leavenworth rarely gets a challenge to its Bavarian theme.

“And the reason for that is that the business owners here
understand that the Bavarian-alpine theme and adhering to
that, is the life-blood of every business in this town,
including their own and so now, we feel vindicated in
upholding that,” Farivar said.

The city recently clarified its written sign code
to include photographs of acceptable signs. Among the
businesses that have willingly adopted the Bavarian theme
in Leavenworth are Safeway, Starbucks, and McDonald’s.