Signs for Jesus backer files suit against town

Discrimination alleged:

Chichester accused of violating free speech rights, land use laws.

By DAN O’BRIEN

Union Leader Correspondent

CHICHESTER — The Barnstead man who tried to place a 4-by-6 “Sign for Jesus” on his Route 4 property has filed a lawsuit against the town of Chichester in federal court. Fabrizio Cusson’s legal expenses are being paid for by the Alliance Defense Fund, a national Christian activist group, which says the Chichester planning board’s refusal to allow the sign is religious discrimination. “Christian organizations shouldn’t be censored by a city’s zoning officials because the messages of their street signs happen to be religious in nature,” said Joseph Infranco, a senior attorney for ADF. “(Chichester) officials are in violation of the U.S. Constitution and federal law by denying a permit for this sign based on its content.”

The seven-count lawsuit also alleges violations of free speech and state land use laws.

The planning board voted 4-3 on Feb. 9 not to allow the sign. The board ruled the sign caused a “potential for collision” of vehicles with drivers distracted by the sign’s message.

Cusson, a former OxyContin addict who said he got clean about six years ago by reading the Bible, purchased the property at the corner of Route 4 and Main Street specifically to erect an electronic, Bible versedisplaying sign. He originally proposed a 12-foot sign, but reduced the size after some officials expressed concerns.

“I struggled as to whether or not I should do this (lawsuit) and to have Signs for Jesus introduced into this area this way,” Cusson told the New Hampshire Union Leader. “But I couldn’t overlook all the miracles God has done since we set out to do this. If I give up now, it’s like telling God I give up.”

Jamie Pike, administrative assistant at Chichester Town Hall, said Wednesday that town officials have not received the lawsuit, which was filed Tuesday.

In the lawsuit, Cusson’s attorney, Michael Tierney, takes aim at the planning board’s January decision to approve an electronic sign for Bobcat of New Hampshire on Route 4, which he described as “nearly identical” to Cusson’s proposed Jesus sign.

“The plaintiff’s proposal for a Signs for Jesus sign has been treated differently than nonreligious, commercial signs” that were approved, the lawsuit said.

The lawsuit pointed out that two gas stations with electronic signs are located across the street from Cusson’s site.

As to concerns the sign could increase car accidents, Tierney said the town had “not adopted any regulations granting the planning board the authority to deny signs based on the sign’s proximity to an intersection.”

He also noted that no traffic study was conducted to determine if the sign would caused more accidents.

Some board members had questioned whether Signs for Jesus is a legitimate business. However, in the months before last month’s meeting, Cusson had formed a board of directors and got the group recognized as a nonprofit organization by the Secretary of State’s Office.

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