The San Carlos City Council unanimously agreed Monday night to a temporary moratorium on all new signs within the city in response to a federal lawsuit claiming the current sign ordinance violates First Amendment rights.

Rather than let the plaintiffs have an option to reapply for a questionable billboard overlooking Highway 101, city leaders agreed to halt all applications for 45 days while the city attorney looks at the current rules.

“Generally, we’re going to review the sign ordinance and see if anything needs to be changed,” said City Attorney Greg Rubens.

Citing pending litigation, Rubens was hesitant to discuss more specifically the exact impetus for the moratorium and review.

Jeffrey Herson and East Bay Outdoor, Inc. sued the city in September over its planned “Palin for President 2012” sign, claiming the city favors commercial over political speech with an ordinance restricting the latter to 32 square feet and limiting their presence to two months before an election.

On Oct. 16, a district judge slapped the city with a temporary restraining order. Herson and the company immediately re-submitted the application.

The passed moratorium prevents all applicants, including Herson and East Bay Outdoor, from receiving a new sign permit. The halt gives the city time to review and possibly revamp its current ordinance.

Resident Pat Bell told the council the city usually spends too much time and money defending itself against lawsuits but that this matter — fighting a political sign of that size — needs the effort.

“Good work,” Bell said.

 The city sign ordinance was never meant to address the signs’ content, just if they meet installation requirements, according to Rubens’ written summary to the council.

The city last revised its ordinance in 1991.

The moratorium will last 45 days after which the city has the option of a second extension, Ruben said.

 The city last used an urgency ordinance in 2007 to prohibit a 99-Cent store from moving onto Laurel Street.

In July, the city of Richmond faced a similar dilemma as San Carlos after Herson and East Bay Outdoor, Inc. also sued for the same alleged First Amendment violation. The city passed a 120-day moratorium on permanent signs and told staff to develop new, permanent sign regulations.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.