OCEAN TOWNSHIP - Joseph Hornick will be able to fly his Donald Trump political flags at his home without retribution, after the borough municipal prosecutor on Wednesday dismissed a summons alleging he violated an ordinance.
"I got justice today, and the First Amendment has won," Joseph Hornick said as he left the court.
Hornick, 54, has been flying Trump political flags at his home since February, but was cited in March under a borough ordinance that restricts the time frame during which political signs can be displayed.
After receiving the summons March 25, Hornick refused to take down the flags, citing his First Amendment rights, saying he would first go to jail.
Trump flags fly and a Trump sign hangs on the West Long Branch home of Joseph Hornick. (Photo: TANYA BREEN/STAFF PHOTOGRAPHER)
That wasn’t necessary. At Hornick’s court appearance on the summons, Gerald Massell, West Long Branch’s municipal prosecutor, said he was dismissing the complaint, saying the ordinance pertains to political signs, not flags.
Joseph Hornick (center), who was issued a summons for flying Trump flags at his West Long Branch home, is is shown in Ocean Township municipal court Wednesday. The charges against him were were later dropped. His ACLU attorneys Eric D. Sherman (left) and Jeanne LoCicero are shown with him. (Photo: THOMAS P. COSTELLO/STAFF PHOTOGRAPHER)
Municipal Judge Louis Garippo agreed with Massell.
"It’s somewhat vague as to whether the flags apply," Garippo said, referring to the ordinance. He agreed to dismiss the summons.
