Village says Trump sign illegal, but store won't take it down

A Port Jefferson ice cream shop is offering a scoop of impeachment politics along with gelatos and banana splits.

A banner that reads "In Trump We Trust" has been hung atop Roger's Frigate since last week, prompting complaints from village officials who say the sign was hung illegally.

Store owner George Wallis was ordered sometime last week to take down the sign or face daily $2,000 fines, officials said. The store's general manager, Roger Rutherford, said Wednesday the banner will remain until the U.S. Senate concludes its impeachment trial of President Donald J. Trump — even if the village again orders it removed.

"I don't foresee the sign being up there much longer," Rutherford, 44, said during an interview in the store, located at Main Street and East Broadway. The sign, facing west and strung across a second-story balcony, was put up when the Senate trial began last week.

"Mr. Wallis feels he is being personally attacked for his free speech, and that in itself makes him want to put up the sign a little longer," Rutherford said.

This is at least the third time in four years that Wallis has been cited by the village for erecting pro-Trump signs.

The first time was in fall 2016 when Trump was running for president. That sign said, "Trump," Rutherford said.

The "In Trump We Trust" sign previously was affixed to the store in January 2017 to celebrate Trump's inauguration, Rutherford said.

Both times the sign was removed when the village threatened to fine Wallis. Rutherford said no fines were paid in those instances.

Port Jefferson officials were drafting a summons Wednesday and could issue it at any time, Mayor Margot J. Garant said. She said the sign's pro-Trump message has nothing to do with the village taking action.

"The sign is illegal," she said in a phone interview. "It doesn't matter what it says. It's a code violation."

She said she was especially upset with Rutherford because he is the president of Port Jefferson's Business Improvement District. "It's a blatant violation of the sign code, and I expect better of the president of my business improvement district," Garant said. 

Village attorney Brian Egan said a banner is considered illegal if its size is disproportionate to the size of the building on which it is hung. Signs might be legal if they are hung inside a shop window, he said, adding Wallis did not seek a permit for the Trump banner.

Egan said village officials may seek the maximum fine against Wallis because of his prior sign code violations. Village law requires property owners to remove illegal signs within five days after being warned, he said.

"We're not opposed to the First Amendment," Egan said, "We're in favor of it."

Customers have had "mixed" reactions to the banner, with some supporting the sign and others calling on the business to remove it, Rutherford said, adding business in January is up 27% from December.

Rutherford, who said he was authorized by Wallis to speak on his behalf, said Wallis believes he is the victim of a "double standard" because he thinks the village does not crack down on illegal signs posted by other businesses. Garant denied that.

"You don't see people putting up signs that say, 'Impeach,' " she said.

Rutherford said Wallis likely would continue to ignore orders to remove the sign. He added he expected Rutherford to erect pro-Trump messages to support the president's reelection.

By Carl MacGowan

carl.macgowan@newsday.comCarlMacGowan

Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.