(WBBM NEWSRADIO) -- The Portage, Indiana City Council has repealed an obscenity ordinance after a challenge from a resident over a flag in his yard.
Portage resident Kyle Voterro filed a federal lawsuit last month after the city ordered him to remove the 3-foot-by-5-foot flag reading “F*** Joe Biden.”
He was told it violated the ordinance prohibiting signs or flags with obscene language. A judge granted a temporary restraining order, preventing its removal.
The City Attorney Dan Whitten told council members the ordinance should be repealed. "I don't believe its enforceable in its current format," he said. "It doesn't pass constitutional muster."
Whitten suggested that the council come up with another ordinance.
“The ordinance hasn’t really been used in the past very much at all actually, but I really think we ought to take a deep dive here," he said.
"I mean we have the morality of the community to keep in mind so it would be nice if we get something together that would address those kinds of issues.”
Voterro is also seeking money to “make him whole with respect to emotional distress, humiliation, embarrassment” and damage to his reputation.
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