N.J. man wins battle to fly Donald Trump flags

Joseph Hornick faced fines of up to $2,000 or 90 days in jail for violation of a borough ordinance on political lawn signs Watch video

WEST LONG BRANCH --In what is being hailed as a victory for free speech, a municipal court judge dismissed charges Wednesday against a West Long Branch man flying flags in support of Donald Trump.

With his own lawyer and an attorney from the American Civil Liberties Union of New Jersey at his side, Joseph Hornick left court with every intention of continuing to fly his flags in support of the presumptive GOP presidential nominee.

"This matter is dismissed. I've looked at the ordinance as well and I agree with counsel it's somewhat vague as to whether the flag applies or not," Judge Louis Garippo, Jr. said. "So in the interest of justice, this is dismissed."

Hornick, a former Long Branch firefighter, was ticketed in March on charges he violated the borough's ordinance limiting the display of political lawn signs to within 30 days of an election.

Man ticketed for flying Donald Trump flags at his home

Refusing to take down the flags, Hornick sought to fight the charge and said he was prepared to spend time in jail if necessary.

"Let the flags fly. Let 'em fly," Hornick said after court. "You take my freedom away, I'd rather sit in jail, bottom line." 

The ordinance calls for fines of up to $2,000 or 90 days in jail for violations.

Hornick's attorney, Eric Sherman, said the borough council is now in the process of drawing up a new ordinance that will not stomp on the rights of residents yet still address the issue of the clutter of political signs around election time.

"That's really what's important here - that the First Amendment protects their right to post their signs. And especially in a presidential year we know that there will be a lot of folks who will be expressing their view points," said Jeanne LoCicero, deputy legal director of the ACLU-NJ.  "We hope that New Jerseyans around the state know that they can do this and if any other towns are out there with these kinds of ordinances, we hope that they will reconsider them and we're prepared to assist anyone who has these problems."