A mayoral candidate has threatened to take legal action against the city of Apopka over a municipal sign ordinance that he said is a violation of the First Amendment.

Matthew Aungst, an Apopka attorney, sent a Sept. 1 letter and a memorandum to Mayor Bryan Nelson urging the city to cease enforcing municipal Code 5.10.10 and place the issue on the next council agenda – the Sept. 3 meeting – for immediate repeal.

Municipal Code 5.10.10 covers temporary signs, describing them as “those that are used for a limited time and are not permanently mounted, such as but not limited to, political signs, sales and special event signs, and signs indicating the development of property.”

In his letter, Aungst said he wrote to Nelson “not as an adversary, but as a concerned citizen and constitutional advocate who believes you will honor your oath to uphold the Constitution once presented with the clear legal reality facing our city.”

Aungst wrote in the Monday letter that he may file a lawsuit if the city fails to act. But in an email to The Apopka Chief on Tuesday, Sept. 2, Aungst said City Clerk Susan Bone had earlier in the day emailed him to inform him that the city has already suspended enforcement of the ordinance.

“The Supreme Court’s decision in Reed [vs. Town of Gilbert] was unanimous,” Aungst wrote in his email to the Chief. “That does not happen often. Even Supreme Court Justices, who disagree on nearly everything, agreed the government cannot regulate signs or speech based on content.”

Aungst emphasized that he didn’t want to file a lawsuit against the city he’d like to serve as mayor.

 “That would waste taxpayer money defending an obviously unconstitutional ordinance,” he wrote in his email to the Chief. “I expect our Mayor and City Council to do the right thing and repeal this ordinance. These are people who took an oath to uphold the Constitution, not dig in their heels to spite a political opponent. But let me be clear: if the city goes back to enforcing these unconstitutional rules against any resident, I will stand up for my neighbors’ fundamental rights. This is a promise to protect the freedoms that make America unique. Every citizen deserves equal treatment under the law, whether you are a developer with deep pockets or a family just having a garage sale.”

Aungst said the issue is not about him or the signs, but rather the Apopka homeowners who value their First Amendment and property rights.

“These are our neighbors, regular folks who requested signs to put on their own lawns because they believe in something,” Aungst said. “They are exercising the same rights our founding fathers fought for: free speech and the right to use their property as they see fit. The Supreme Court made it crystal clear in Reed v. Town of Gilbert; the government can not pick and choose which content is allowed based on the message of the sign. That is exactly what Apopka’s ordinance does.”

Aungst pointed to irony in the situation.

“Until I got the city’s notice, there was only one sign up in the community,” he said. “But once Ms. Bone advised they were suspending enforcement, several more neighbors have asked for signs. People are tired of double standards where developers and politicians get special treatment while regular citizens need permission slips to exercise their fundamental rights on their own property.”

By writing the letter and memorandum to the city, Aungst said, his purpose was to protect residents’ constitutional rights.

“If my neighbors want to put up signs supporting their beliefs—whether that’s a political candidate, a yard sale, or a community event; they shouldn’t need the government’s blessing to do it on their own property,” he said. “We are not asking for special treatment; we are asking for equal treatment under the law; and I, as the candidate, feel a responsibility to defend any of my supporters from enforcement of this unconstitutional ordinance.”

Nelson is running for his third term as mayor in the 2026 city election. Orange County District 2 Commissioner Christine Moore is running for mayor also.

Nelson declined to comment when The Apopka Chief asked him about the ordinance. He said that city attorney Cliff Shepard will discuss the First Amendment matter under attorney’s report at the Wednesday City Council meeting.

In an Aug. 29 email Aungst forwarded to the Chief, Bone addressed the timing of campaign signs appearing around the city, referring to a section in the city code about political signs.

“This is a gentle reminder that pursuant to our Code, there are to be NO Campaign signs placed prior to Qualifying,” her email states. “Attached, please find the sign requirements under our Code – Section 5.10.10.(B)(4) for your reference.  To that end, please make arrangements to pick up your signs immediately to avoid having Code Enforcement pick them up.”

Bone did not return a request for comment on Tuesday.

In a Tuesday interview, Moore said she’s known about the sign ordinance for two decades.

“I’ve known about this law for 20 years, and when you file, you first pull papers, and you get a manual, and it’s pretty much in there,” Moore said. “I mean, this is how everyone does it. You can’t put up political signs until you qualify.”

Moore said that “people don’t like snipe signs,” which are temporary signs attached to things such as poles, sakes, fences, and trees usually seen in public-right-of-way but also set up on private property.

“A campaign sign is kind of a necessary evil, but to keep it to just that period from when you qualify to election day, in this case, would that be January, February?” Moore said. “Well, three months, four months. That’s really enough to have your signs out. I don’t think it’s necessary to have them longer.”