It is a rare free speech case where a court finds a regulation content based, but still upholds the regulation. That very scenario played out in a federal district court in Texas, when it upheld the City of Shavano Park’s sign regulation prohibiting certain banner signs.
Shavano Park, a suburb of San Antonio, has a sign code that controls the placement of signs on private property. The code allows one temporary sign per residential lot, with some additional allowances when properties are for sale or during election seasons. The code also allows the placement of banner signs in residential zoning districts, with some limitations. These limitations include that such signs may be erected by a homeowners’ association, they may be placed at entrances to residential neighborhoods, no more than one banner sign is allowed per owner, and banner signs are only permitted in the week before the first Tuesday in October, which coincides with National Night Out. The sign code’s stated rationale for its restrictions focuses largely on aesthetics.