Prohibit certain restrictions on display of political yard signs

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 16

2025-2026

Representatives Lorenz, Hall, T.

Cosponsors: Representatives Fischer,
Williams, Gross, Johnson, Brennan, Robb Blasdel, Teska

A
BILL

To
amend section 5301.072 of the Revised Code
to
prohibit certain restrictions on the display of political yard signs.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 5301.072 of the Revised Code be amended to read as follows:

Sec.
5301.072.
(A)
No covenant, condition, or restriction set forth in a deed, and no
rule, regulation, bylaw, or other governing document or agreement of
a homeowners, neighborhood, civic, or other association, shall
prohibit or be construed to prohibit any of the following:

(1)
The placement on any property of a flagpole that is to be used for
the purpose of displaying the flag of the United States, the flag of
the state as defined in section 5.01 of the Revised Code, or the
national league of families POW/MIA flag provided the flag and flag
pole shall be of an appropriate size, consistent with the size and
character of the buildings that are subject to the requirements or
agreements of a homeowner, neighborhood, civic, or other association;

(2)
The display on any property of the flag of the United States or the
national league of families POW/MIA flag if the flag is displayed in
accordance with any of the following:

(a)
The patriotic customs set forth in 4 U.S.C. 5-10, and 36 U.S.C. 902
governing the display and use of the flag;

(b)
The consent of the property's owner or of any person having lawful
control of the property;

(c)
The recommended flagpole standards set forth in "Our Flag,"
published pursuant to S.C.R. 61 of the 105th Congress, 1st Session
(1998);

(d)
Any federal law, proclamation of the president of the United States
or the governor, section of the Revised Code, or local ordinance or
resolution.

(3)
The display on any property of the state flag as defined in section
5.01 of the Revised Code if the flag is displayed in accordance with
any of the following:

(a)
The consent of the property's owner or of any person having lawful
control of the property;

(b)
Any state law, local ordinance or resolution, or proclamation by the
governor of the state.

(4)
The display of a service flag approved by the United States secretary
of defense for display in a window of the residence of a member of
the immediate family of an individual serving in the armed forces of
the United States. A service flag includes a blue star banner, a gold
star banner, and any other flag the secretary of defense designates
as a service flag.

(5)(a)
Except as otherwise provided in division (A)(5)(b) or (c) of this
section, the display of political yard signs.

(b)
Division (A)(5)(a) of this section does not apply to a political yard
sign that violates section 2927.12 of the Revised Code, 18 U.S.C.
249, or any other state or federal law, local ordinance or
resolution, or a proclamation by the governor of the state.

(c)
Division (A)(5)(a) of this section does not prohibit a covenant,
condition, or restriction set forth in a deed, or a rule, regulation,
bylaw, or other governing document or agreement of a homeowners,
neighborhood, civic, or other association, that reasonably restricts
the time and location in which yard signs may be displayed;
materials, size, and number of yard signs; or the manner in which
yard signs are placed. No such covenant, condition, restriction,
rule, regulation, bylaw, or other governing document or agreement
shall do either of the following:

(i)
Prohibit the display of political yard signs in the thirty days
preceding the next election to be held in the territory in which the
property is located;

(ii)
Limit the size of political yard signs to less than twelve inches in
height, or less than eighteen inches in width.

(B)
A covenant, condition, restriction, rule, regulation, bylaw,
governing document, or agreement or a construction of any of these
items that violates division (A) of this section is against public
policy and unenforceable in any court of this state to the extent it
violates that division.

Section
2.
That
existing section 5301.072 of the Revised Code is hereby repealed.