LISBON - The Brian's Barbershop/Sun Shak sign controversy is finally moving to court.

Lisbon Police Chief John Higgins filed charges against Brian Davis last week in Columbiana County Municipal Court, citing him for violating the village sign ordinance on four occasions.

Davis pleaded innocent to the charges on Tuesday and the case was scheduled for trial Oct. 5 before Judge Mark Frost. The charges carry a possible $100 fine for every day Davis is found in violation.

The dispute is over the internally lighted business sign outside Davis's combination barbershop/tanning salon on West Lincoln Way. The village zoning code requires businessses located in the downtown historic district to have external lighting unless a variance is granted.

The village zoning board twice denied Davis's application for a variance, and village council tried to resolve the dispute by eliminating the rule, but the measure was defeated in early July, leaving it to village Solicitor Virginia Barborak or Chief Higgins to enforce the law.

A standoff of sorts began in the weeks that followed, with Davis turning the light

off and on and then off for 15 consecutive days, leaving village officials to wonder whether he had decided to comply. But soon the light was back on, and Davis said he was doing this to ensure the village was accurately keeping track of when the light was on, if and when he was cited into court.

According to the charges filed by Chief Higgins, the sign was lighted on Aug. 21, 23, 24 and 25.

Davis maintains the village has failed to uniformly enforce the law and he is being treated unfairly. As an example, he cited the fact several years ago Huntington National Bank was granted permission to bring back the internally lighted time-and-temperature sign on North Market Street.

Meanwhile, another sign dispute was occurring in a different part of town involving Excel Physical Therapy, Inc., which operates out of the Vista Center off North Market Street and outside the downtown historic district.

The company placed a sign at the entrance of Vista Drive to coincide with an open house held at the facility last Friday. The owner was told the sign was prohibited without a variance because the area was rezoned about five years ago from business to residential. The sign was removed and the owner has applied for a variance seeking permission to have it permanently erected.

Zoning board member Cheryl Mills said this an apples-and-oranges situation because it involves two different regulations.