Contributed by Mark Fish, Candidate (L) House District 8
In a former campaign, I made a comment that I would advocate for the rule of law. Afterward, a gentleman approached to tell me, “You should not talk like that. People think you are coming to get them.” It struck me as an odd point, but it did make me question, do people really think the law is a tool of oppression instead of a tool of protection? What has caused this shift in attitudes? I have reasoned that the cause is bad law, arbitrary and selective enforcement.
Our sign law is a great example of bad law and arbitrary enforcement. Alaska Statute 19.25.105 reads, “Outdoor advertising may not be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate, primary or secondary highways in this state except the following:” It then gives the exception to business signs on private properties and of course, government signs; however, every political sign seen from most every roadway in Alaska is illegal even if on private property.
Clearly evidence during election seasons shows that this law is almost universally ignored by those who hold public office and those who seek it. The very people that we elect to uphold and write the law start their path to office by breaking it. When enforcement is executed, who do you think the state employees will start fining? The governor? Sitting legislators? It doesn’t take a genius or an expert in human nature to figure out that enforcement will be used to stifle dissent of the most vulnerable candidates while protecting the privileged of the elected.
Those who hold office have a duty and trust to honor the laws that they have the power to create or amend. We have seen this trust violated constantly. Violated by ignoring an admittedly bad sign law, violated by ignoring the law mandating a 90-day session, violated by not allowing a full permanent fund dividend payout. With this kind of leadership in Juneau, how can we expect this rest of Alaskans to willingly follow the law?
Let’s start electing a new class of legislators who respect the law. Then we can go to Juneau and amend this sign law to allow for political and religious speech on private property as is guaranteed by a higher law, our first amendment. When it comes down to brass tacks, I will honor the rights of my supporters to free political speech on property they own over the bad law that stifles it. I also call on all candidates to not place their signs on public lands as I myself will honor that commitment.
If the law is to be respected, we must make the laws respectful and equally enforced. Only then will we return to the days of a more civil society where each of us can feel secure in the knowledge that the law protects our rights and is not used to diminish them. After all, if we don’t respect the rule of law, all we have left is tyranny.