Yard signs—especially those endorsing or opposing a political candidate or issue—are sometimes the target of homeowners’ associations (HOAs), neighborhood organizations, local governments, and vandals.
The First Amendment to the U.S. Constitution only prohibits federal, state, or local government interference with free speech. But many states have enacted statutes that protect elections and political speech in yard and other signs—allowing HOAs, neighborhood organizations, and local governments to place some limits on political signs, but not to ban them. For example, signs may be required to be inoffensive, mounted in the ground, and only displayed for 45 or 90 days before an election and up to ten days following an election.
State statutes that permit political signs on private property may also permit political signs in an unpaved right-of-way (ROW)—a city-owned strip of land from the edge of a city street or county road.
Yard signs that are not political speech—such as those warning trespassers (No Trespassing) or advertising a business’s goods or services or that a property or home is for sale—are generally subject to restrictions by HOAs, neighborhood organizations, and local governments. For example, some municipalities may require a permit to display certain signs.
In Illinois, the rights to display political yard signs are protected under both the First Amendment and state statutes, which provide a framework for the placement of such signs on private property. While the First Amendment protects against government interference with free speech, Illinois law specifically addresses the display of political signs in residential areas. Homeowners' associations (HOAs) and local governments can impose certain regulations on the size, number, and duration of political signs. For instance, they may stipulate that signs can only be displayed for a certain period surrounding an election and must be removed shortly after. However, they cannot completely ban political signs. As for non-political yard signs, such as those advertising a business or warning against trespassing, HOAs, neighborhood organizations, and local governments have more leeway to enforce restrictions. These may include the need for permits or adherence to specific guidelines regarding the size and placement of signs. It's important for residents to check with their local ordinances and HOA rules to understand the specific regulations that apply to their area.