Robert Peterson is suing the village of Downers Grove to keep from having to paint over signs deemed in violation of local ordinance. The suit was filed in the Northern District of Illinois on Tuesday before Judge Edmond Chang.

Peterson, who owns Leibundguth Moving & Storage Inc., 1301 Warren Ave., alleges that the ordinance violates his First Amendment rights to free speech and that regulations are unfairly restrictive.

“The village possess no evidence that the ban on any sign painted directly on a wall, including the ban on Plaintiff’s signs, … advances public health and safety or enhances the village’s appearance,” Peterson argues in the lawsuit.

The village’s sign ordinance was revised in 2005, detailing the types of signs that are allowed, where on buildings they could be placed and how much space they could occupy. Business owners had seven years to remove signs that no longer complied and to install new ones. That deadline was later pushed back to May 2014.

The village hired a Park Ridge-based company this year to assist in enforcing the ordinance, including handing out tickets to owners who did not comply.

For months, Peterson has fought to keep signs painted directly on his building. Such signs are expressly prohibited by the ordinance except in three high-density business districts. A particular sticking point is the sign on the back of the building that directly faces the Burlington Northern Santa Fe train tracks, which the ordinance also doesn’t allow.

Peterson said the rear sign has been on the building for more than 70 years and that it generates tens of thousands of dollars of business from train passengers who see the advertising every day.

Peterson has asked the Village Council several times to reconsider the restrictions. Some council members expressed support, but two attempts this fall to have the planning board review a proposal to allow signs facing the railroad failed to garner enough council votes. The zoning board also turned down Peterson’s petition to allow his signs.

“I’m here to try to survive,” Peterson told the council in October. “To cut my business is going to be a hardship for my family. I’ve got kids I have to put through school. Without that (sign), I don’t see to survive more than maybe two years.”

Village spokesman Doug Kozlowski said the village does not comment on ongoing litigation. The ordinance states that the rules are designed to promote public safety, protect property values and boost aesthetics.

The lawsuit asks that the court forbid the village from enforcing its ordinance on Peterson, require the village to pay Peterson’s attorneys fees and award $1 for the violations of constitutional rights.