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Signs for Jesus backer files suit against town

Discrimination alleged:

Chichester accused of violating free speech rights, land use laws.

By DAN O’BRIEN

Union Leader Correspondent

CHICHESTER — The Barnstead man who tried to place a 4-by-6 “Sign for Jesus” on his Route 4 property has filed a lawsuit against the town of Chichester in federal court. Fabrizio Cusson’s legal expenses are being paid for by the Alliance Defense Fund, a national Christian activist group, which says the Chichester planning board’s refusal to allow the sign is religious discrimination. “Christian organizations shouldn’t be censored by a city’s zoning officials because the messages of their street signs happen to be religious in nature,” said Joseph Infranco, a senior attorney for ADF. “(Chichester) officials are in violation of the U.S. Constitution and federal law by denying a permit for this sign based on its content.”

The seven-count lawsuit also alleges violations of free speech and state land use laws.

The planning board voted 4-3 on Feb. 9 not to allow the sign. The board ruled the sign caused a “potential for collision” of vehicles with drivers distracted by the sign’s message.

Cusson, a former OxyContin addict who said he got clean about six years ago by reading the Bible, purchased the property at the corner of Route 4 and Main Street specifically to erect an electronic, Bible versedisplaying sign. He originally proposed a 12-foot sign, but reduced the size after some officials expressed concerns.

“I struggled as to whether or not I should do this (lawsuit) and to have Signs for Jesus introduced into this area this way,” Cusson told the New Hampshire Union Leader. “But I couldn’t overlook all the miracles God has done since we set out to do this. If I give up now, it’s like telling God I give up.”

Jamie Pike, administrative assistant at Chichester Town Hall, said Wednesday that town officials have not received the lawsuit, which was filed Tuesday.

In the lawsuit, Cusson’s attorney, Michael Tierney, takes aim at the planning board’s January decision to approve an electronic sign for Bobcat of New Hampshire on Route 4, which he described as “nearly identical” to Cusson’s proposed Jesus sign.

“The plaintiff’s proposal for a Signs for Jesus sign has been treated differently than nonreligious, commercial signs” that were approved, the lawsuit said.

The lawsuit pointed out that two gas stations with electronic signs are located across the street from Cusson’s site.

As to concerns the sign could increase car accidents, Tierney said the town had “not adopted any regulations granting the planning board the authority to deny signs based on the sign’s proximity to an intersection.”

He also noted that no traffic study was conducted to determine if the sign would caused more accidents.

Some board members had questioned whether Signs for Jesus is a legitimate business. However, in the months before last month’s meeting, Cusson had formed a board of directors and got the group recognized as a nonprofit organization by the Secretary of State’s Office.

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Sign for Jesus, denied permission to operate

Sign for Jesus’ proposal denied by Chichester board
Potential for collision cited:
Planning board says sign would present a hazard for drivers on Route 4.

By DAN O’BRIEN

Union Leader Correspondent

CHICHESTER — If a “Sign for Jesus” goes up on Route 4, it will only be after the courts decide its fate.

That’s because the town’s planning board on Wednesday denied a hard-fought and publicized proposal to install the electronic, Bible verse-displaying sign.

Fab Cusson of Barnstead said he’s spent about $10,000 on the zoning process for the better part of the past year, only to have the majority of the planning board rule against him during a lengthy meeting.

“I’m surprised,” Cusson said. “We had all our T’s crossed and I’s dotted. We didn’t do anything underhandedly.”

After meeting with the board last month, Cusson was asked to address 12 engineering concerns. He met all of them except for two, which he was working on: getting a driveway permit and a sign permit from state officials.

However, that’s not why the planning board denied the application. In a vote of 4-3, members approved a motion for denial specifically because there was a “potential for collision” with motorists trying to read the sign.

“It causes a hazard,” planning board member Allen Mayville said.

Drivers “are talking on cell phones and drinking a cup of coffee, not paying attention. Then they’re minds get diverted by reading a message.”

Planning Board chairman Thomas Jameson, who voted in favor of the sign, said the four members who voted against the plan showed no evidence it would cause vehicle crashes.

“They’re assuming the sign will cause accidents,” Jameson said. “If they brought me some hard evidence … I would have stepped back.”

Cusson said he’s upset with the decision in part because the planning board members brought up old issues that the zoning board already decided on.

One of those issues was whether Signs For Jesus is a legitimate business. Signs for Jesus is now listed on the Secretary of State’s website as a nonprofit organization and Cusson said five “Godly men” sit on its board of directors.

“The zoning board determined he’s a business,” Jameson said. “We’ve never denied a sign for a business as far as I can remember.”

After initial planning board denial last spring, Cusson appealed Signs for Jesus to the zoning board, which found that an ordinance prohibiting electronic signs in that part of town was not valid because it was improperly posted before taking effect in 2005.

Because that ordinance became void, the planning board last month approved a nearly identical LED sign for Bobcat of New Hampshire, just down Route 4 from Cusson’s location.

“It’s on a curve on a highspeed section where there are people making left turns,” Jameson said.

“It’s higher up (on a hill),” Mayville said. “This guy is in the business of selling machinery. He needs a sign to operate.”

Cusson said he’s consulted with his attorney, Michael Tierney, but is not sure what action he’ll take. Tierney refused comment.

Cusson sparked national media attention when the New Hampshire Union Leader first reported on his proposed Chichester sign last summer. He hoped to install the first Sign for Jesus in a series of signs nationwide here, but it’s looking more like that’s going to happen in Arkansas.

“We want to do God’s work,” he said.

Cusson has gotten Bible verses to display on an electronic billboard that features other advertisements in Manchester’s Massabesic Circle.



The billboard at Massabesic Circle in Manchester scrolled messages as part of the Signs For Jesus campaign.

DAN O’BRIEN FILE

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recent newsletter

Today we live in a society that has taken God from almost everything. There is a systematic effort on the part of all that wars against God, to completely deplete His creation from His word. Romans 10: 17 says: “So then faith comes by hearing, and hearing comes by the Word of God.” So now if we know, faith comes by hearing God’s Word’s, then it is clear any entity standing in opposition of all that is Godly, would want to erase His word from among us. Recently Signs For Jesus was denied the permit to install a Led sign displaying a daily bible Scripture on private property. Our schools are teaching our kids Evolution, the “Big Bang” theory. Our government, our military being plagued with lawsuits; mass confusion defining separation of church and state, even been sued to remove “In God we trust” from our money. Prayer from our schools, Memorial Crosses for our fallen soldiers threatened. Atheist billboards surfacing all over our highways with messages to our children like “God is a myth”. We don’t even say Merry Christmas anymore, without offending someone. This is the systematic erasing of all that is truth, all that is right, all that is Godly. The very mention of the name Jesus stirs such controversy. All traces of God’s truth, one by one, being violently stripped from His creation. The intentions are clear, that is to produce a faithless nation, a faithless world.

Matthew 11:12 in part states: …”the kingdom of heaven suffers violence, and the violent take it by force”. This is how the Kingdom is assaulted, and let’s make no mistake, it is violent. The book of Hebrews tells us those who have faith in Christ belong to and seek a heavenly homeland. The Kingdom of heaven is our homeland, our Kingdom, it is being taken by force, in a violent manner, right before our eyes! There is a warfare taking place amongst us, evidently it is the wiping out of all this is God’s from our lives, our children, our communities, and even our country.

So what do we do? We must seek the Lord, listening for His leading and when He speaks we listen. Continually standing together, united in His body, with love for all.  We never war with our own strength, or with our own words, but rather we rely on God’s Word to stand in opposition to all that is contrary. One of my favorite signs is Gen 1:1 In the beginning God created the heavens and the earth. Think about it! To our own shame, our very children are learning evolution and the big bang theory in our public schools. Yet on the bus ride home, God willing, with your help, they’ll pass a Sign for Jesus that reads God’s truth, In the beginning God created the heavens and the earth. And they shall know the truth and the truth shall set them free!

We intend to continue in this endeavor of erecting Signs For Jesus, in doing so, we will need your financial assistance, your prayers and encouragement.

I will update you all very soon on how we will move forward regards to the Chichester sign permit denial.

By God’s grace,

Fab Cusson

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“Second coming….”

Planners to hold new sign hearing soon

“Signs for Jesus”:

Fab Cusson disputes how the planning board is interpreting the zoning board’s decision regarding electronic signs.

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By DAN O’BRIEN

Union Leader Correspondent

CHICHESTER — The town planning board has voted to hold another hearing on the “Signs for Jesus” proposal in the next month or so.

Thursday night marked Fab Cusson’s second round in front of the board, which he first approached last spring asking to place a 12-foot electronic sign posting Bible versus near the corner of Route 4 and Main Street.

The board initially denied Cusson’s proposal because members said it violated a 2005 ordinance prohibiting electronic signs in the town’s business district. But on appeal in November, the zoning board ruled the ordinance was not properly published to town residents before it was voted into effect.

With the case back before the planning board, Cusson is now disputing how the planning board is interpreting the zoning board’s decision.

Planning officials said the electronic sign ordinance has been effectively overturned. That would mean Cusson would have to adhere to the town’s 1988 sign ordinance, which would prohibit an electronic sign to no more than 4 by 6 feet. However, Cusson said the zoning board only ruled to eliminate wording referring to the electronic sign and the rest of the 2005 ordinance is still in effect.

“The board was very clear,” Cusson said. “We’re making the sign so small it’s really tying my hands in putting the Scripture up.”

“You can’t pick and choose what you want to follow,” said planning board member Stanley Brehm.

Board members said they had a lengthy conversation with the town’s attorney on what the zoning board’s ruling meant.

“We were told it’s totally invalid unless it goes to town meeting (and is approved by residents) in March,” said planning board chairman Tom Jameson.

The planning board on Thursday could have denied Cusson’s application, accepted it or continue it to a later date. A hearing has not been scheduled, but board members said it would probably take place between one and two months from now.

The board also had a list of technical concerns with the project that members said had to do with state laws, including driveway size, bathrooms and handicapped accessibility.

In previous interviews, Cusson explained that his idea to put up a sign displaying Bible verses came to him while he was sitting at a red light at the Chichester intersection. Within weeks, he and his father purchased the property with the sole purpose of putting up the sign.

Cusson said he beat an Oxy-Contin addiction more than five years ago by reading the Bible and without going to rehab.

Since the New Hampshire Union Leader first reported on his story in August, Cusson’s efforts gained national media attention and he has received donations from people across the country. He said his goal is to launch Signs for Jesus in other parts of the country and has started a website: Signs4Jesus. com.

Union Leader, The/New Hampshire Sunday News (Manchester, NH)

New Hampshire Union Leader (Manchester, NH)

October 7, 2010 Second coming of ‘Signs for Jesus’
Page: 05
Location(s):

NH Estimated printed pages: 3 Article Text:By DAN O’BRIEN Union Leader Correspondent

CHICHESTER — The local zoning board is giving Signs for Jesus a second chance. The board voted unanimously last night to re-hear a proposal to place a 12-foot electronic sign that would display Bible verses at the intersection of Route 4 and Main Street. A date has not been set. The decision came after the board got advice from a lawyer who specializes in religious rights issues. Attorney Michael Tierney, a member of the national Alliance Defense Fund, submitted to the Chichester Board of Adjustment a thick packet containing reasons arguing why their Aug. 18 denial of the electronic sign was incorrect. Fab Cusson, 38, of Barnstead, a carpenter who was addicted to OxyContin and methadone for 10 years and credits the Bible for him getting clean in 2005, owns the land and wants to place a sign there to spread the word of the Lord. Cusson, who recently launched the website Signs4Jesus.com, said the Chichester sign will be the first of several to be installed nationally. Since his story gained national attention in August, he’s received calls and e-mails from people across the country looking to help, he said. “This is bigger than Chichester. This is just the starting point,” Cusson said. The zoning board ruled against Cusson’s proposal in August because it said a town ordinance strictly prohibits electronic signs. However, after going into a non-public session with the town’s attorney last night, the board said a re-hearing would be allowed because it found the ordinance was “not validly adopted.” Board members would not elaborate on what that meant, but they provided a photo copy of the appeal prepared by attorney Tierney outlining their justification for the vote. The document said wording of the electronic sign ordinance, passed by voters in 2006, was never fully explained or provided to the residents before they decided in favor of it. According to Tierney, that makes the ordinance invalid. “The site plan review expressly states they’re allowed,” he said. At the August public hearing, some residents were concerned whether the signs would be distracting. The electronic sign ordinance states signs that flash or scroll messages are prohibited. While the religion issue apparently did not come into play in the zoning board’s decision, Tierney argued in documents that the sign has a right to exist under the federal Religious Land Use and Institutionalized Persons Act, a law passed in 2000 to promote land-use rights with religions and prisoners. Cusson is proposing to change the message on his Signs for Jesus across the country from his computer each day. Tierney argued the board’s August ruling infringes on his religious freedom. “Transportation difficulties may prevent (Signs for Jesus) from being able to put up a new Biblical message on each board each day,” Tierney wrote, “and therefore decrease the effectiveness of communicating the scriptures.” Cusson said it costs about $30,000 to install his sign. He said that because of the media publicity, he’s gotten donations from people in other parts of the country. “We’ve talked to a lot of people who believe in what we’re doing,” he said. Copyright, 2010, Union Leader Corp.
Record Number: mandc5-5wih286cgfauym2noyl

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The Holy Bible, God’s written invitation to all.

Revelation 22:17 (New King James Version)

17 And the Spirit and the bride say, “Come!” And let him who hears say, “Come!” And let him who thirsts come. Whoever desires, let him take the water of life freely.

Matthew 11:28 (New King James Version)

28 Come to Me, all you who labor and are heavy laden, and I will give you rest

Isaiah 55 (New King James Version)

1 “Ho! Everyone who thirsts,
Come to the waters;
And you who have no money,
Come, buy and eat.
Yes, come, buy wine and milk
Without money and without price.
2 Why do you spend money for what is not bread,
And your wages for what does not satisfy?
Listen carefully to Me, and eat what is good,
And let your soul delight itself in abundance.
3 Incline your ear, and come to Me.
Hear, and your soul shall live;
And I will make an everlasting covenant with you—
The sure mercies of David.

Matthew 22 (New King James Version)

1 And Jesus answered and spoke to them again by parables and said: 2 “The kingdom of heaven is like a certain king who arranged a marriage for his son, 3 and sent out his servants to call those who were invited to the wedding; and they were not willing to come. 4 Again, he sent out other servants, saying, ‘Tell those who are invited, “See, I have prepared my dinner; my oxen and fatted cattle are killed, and all things are ready. Come to the wedding.

“Scripture taken from the New King James Version. Copyright © 1982 by Thomas Nelson, Inc. Used by permission. All rights reserved.”

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