OCEAN CITY — Their hands tied by 1st Amendment freedom of speech and freedom of expression protections, resort officials could do little but stand back and watch last weekend as an individual boasted a large, vulgar sign directed at Maryland Gov. Larry Hogan.
Last Friday, the individual appeared on the populous south end of the Boardwalk displaying a large sign expressing an expletive-laced message directed at Hogan, the language on which is not suitable for print. Suffice it to say, the sign-carrying individual was not happy with the governor, and while the motive was not clear, it was likely directed at Hogan’s handling of the COVID crisis, possibly the mask requirement and spring restrictions of private businesses.
The Ocean City Police Department (OCPD) and resort officials consulted with their legal representation and the Worcester County State’s Attorney’s Office and determined the sign, while clearly vulgar and inappropriate on a crowded Boardwalk in the middle of the afternoon with children present, was free speech protected by the First Amendment. The OCPD later issued a statement explaining why the sign could not be removed.
“The Ocean City Police Department is aware of the large sign being displayed on the Boardwalk regarding Governor Hogan,” the statement reads. “The City Solicitor and the Worcester County State’s Attorney’s Office have been consulted. Unfortunately, the sign, including the profanity, is freedom of speech.”
Ocean City has been down the First Amendment road before with little success, particularly in terms of some of the presentations of the street performers in years past. There is no ordinance on the books regarding profanity and the OCPD’s hands were tied with regards to the sign last weekend. In its statement, the OCPD said it shared the public’s sentiment regarding the vulgar sign, but there was little the department could do from a legal standpoint.
“We share your frustrations with this and are as disappointed as you are,” the statement reads. “We support freedom of speech and expression, but do not agree with the inappropriate and offensive language used in the sign.”
In 2014, Ocean City put up “No Profanity Please” signs along the Boardwalk in an attempt to curb unwelcome behavior, but there is no ordinance regarding profanity and the signs are merely a suggestion. If the individual had been shouting the vulgar message, he could have crossed the line into disorderly conduct or disturbing the peace, or even a noise violation, but there is nothing on the books about a vulgar sign.
While resort officials could do nothing about the vulgar and inappropriate sign, staffers at the Dough Roller restaurant took matters into their own hands with a hastily put-together sign on pizza boxes with the message “Stop the Hate” and stood behind the offending sign. The restaurant later issued a statement praising the staff for its uplifting message.
“We are so proud of our staff for standing up against such aggressive hate and foul language on our Boardwalk,” the statement reads. “Our local leadership has proven futile and we are here to represent our community and Ocean City is a positive way to move our country forward together for everyone.”
