Is Use Of Uncle Sam Patriotic,

Or A Promotional Stunt?

By John Voket

Newtown’s top land use official is miffed because a local property owner appears to be using a message of support for US armed service members as a way to promote his business, while at the same time defying local ordinances aimed at illegal and inappropriate use of signage.

But the business owner says the brightly colored statute of Uncle Sam is “not a sign, it’s a sign of my patriotism.”

George Benson, the local director of planning and land use, told The Bee this week that a giant Uncle Sam figure, which used to be on display at the now-defunct Danbury Fair, is drawing attention to a mulch and landscaping business on Mt Pleasant Road on property owned by Charles Payne.

The use of such figures, even if they do not feature any signage, is illegal because they draw attention to a commercial enterprise, Mr Benson explained.

He said a Newtown zoning official first noticed the 12- to 14-foot-tall and brightly painted Uncle Sam figure on the grounds of the business last July, and its nonconforming use was brought to the property owner’s attention at that time.

“We originally made contact with Mr Payne on July 27, and he told us he put it up because he was offering it for sale,” Mr Benson said. “At that time we verbally notified him that having it on the site of a commercial business, or anywhere for that matter, was against the regulations.”

Mr Benson said as is often the case, he “tried to be nice about it,” and informed Mr Payne that he could keep the statue up until Labor Day. On August 24, a written notification was also dispatched to the property owner reminding him of the violation and requesting he remove the figure or face a violation.

The property owner agreed that at first, he put up the statue in hopes of selling it.

“I considered it merchandise, and I thought the town couldn’t tell a business what it can and can’t sell, except for adult toys,” Mr Payne said.

Mr Payne said about three weeks ago, he added an additional sign to the base of the figure reading: “Support Our Troops,” with the names Sgt Tom Richmond and Lt Col Tim O’Hanlon and the phrase “keeping us safe” inscribed below. There is no current telephone listing for Tim O’Hanlon in Newtown, and while records show a Thomas Richmond was a member of the Newtown High School Class of 1984, there is no local listing for that individual in Newtown, either.

Unfortunately, according to Mr Benson, the addition of the sign means the property owner is facing two violations now instead of just one.

“That sign makes it more evident, it draws even more attention to the figure,” Mr Benson said.

Mr Benson said his office and the regulations are not setting out to censor Mr Payne’s freedom of speech.

“[Mr Payne] said he did it to honor the troops,” Mr Benson said. “But that was almost three months after he told us he put it up to sell it, and after he received written notice of the violation.”

At the same time, Mr Payne insisted he is not looking for publicity on the issue, and wants “to work things out with the town amicably.”