Banner sign lands businessman in jail

David McDonald, owner of The Mattress Guys at 351 N. Kingshighway in Cape Gir-ardeau, was sentenced Monday to five days of "shock" time in the Cape Girardeau city jail for failing to remove banner advertising in front of his business.

McDonald has been issued nine summonses since May 5, 2006, because of the sign, which violates Cape Girardeau sign ordinances. A May 8 trial found McDonald guilty of three fine violations. He was given probation and suspended imposition of sentence as long as he removed the sign and paid all court costs.

According to Cape Girardeau city prosecutor Regan Holliday, McDonald neglected to do either but was given another chance to do so Friday by Circuit Judge Gary Kamp, acting as a municipal judge in place of Judge Teresa Bright-Pearson due to a conflict of interest. At his Monday morning court hearing before Judge Kamp, McDonald again refused to comply and was sent to jail. McDonald's probation and suspended imposition of sentence were not revoked.

McDonald's attorney, Scott Reynolds, said shock time is not appropriate in this matter. "I'm not sure a municipal judge can even give shock time, so I'm going to be looking into that and possibly filing a motion in the morning," Reynolds said Monday. "The thing is that Mr. McDonald is not eligible to file for a trial de novo because he still has the suspended imposition of sentence."

McDonald has been pursuing a trial de novo, or new trial, since representing himself in early March.

Reynolds said McDonald has applied for and received a permit for a permanent sign but is waiting on the sign to be installed, which, according to McDonald, should be sometime in July.

Cape Girardeau's sign ordinance prohibits all business-owned banner signs strung between fixed posts. It allows one banner mounted on the face of a business establishment. McDonald is the first business owner taken to court for violating the ordinance.

The banner ad is at the base of a 30-foot commercial sign McDonald leases to Lamar Advertising. McDonald has said he has Lamar's permission to hang the mattress advertisement there.

McDonald said he told the city he would take the sign down after he got a permit and a new sign so he wouldn't lose any customers. His business is on the back of the building, and he said the sign out front is the only advertising for passers-by.

McDonald has been fighting sign ordinance violations since he first appeared in court for citations he received in 2006. He claims his sign should have been "grandfathered in" because it was there long before the ordinance was passed. The current ordinance was last amended in August 2006 to include items like banner signs.

jsamons@semissourian.com

335-6611, extension 245