We are pleased to announce the publication of a new book, Local Government, Land Use, and the First Amendment: Protecting Free Speech and Expression. The book is published by ABA Publishing, and was edited by the editor of Rocky Mountain Sign Law, Brian Connolly. Twelve authors contributed to the book, which contains chapters
San Diego’s Motion for Summary Judgment Granted in Mural Case
In a case that we reported on last year, a federal district court in California granted summary judgment in favor of the City of San Diego in a case involving art murals.
Some of the facts of the case are reported in our prior post. The San Diego sign code exempts from permitting “[p]ainted graphics that are murals, mosaics, or any type of graphic arts that are painted on a wall or fence and do not contain copy, advertising symbols, lettering, trademarks, or other references to the premises, products or services that are provided on the premises where the graphics are located or any other premises.” Otherwise, all signs visible from the right of way are required to obtain a permit, and signs on city-controlled property must obtain a permit as well. Messages on city-controlled property are limited to on-premises speech and “public interest” messages. As we previously noted, the plaintiff, a mural company, was granted approval to place two wall murals in San Diego, but received a violation for the placement of a third mural. The plaintiff believes that the annual Comic-Con event was given special treatment by the city, because certain signs posted around the city during the event were not issued citations.
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City’s Denial of Billboard Permits Does Not Violate First Amendment: Federal Court
Earlier this year, a federal district court in Washington granted the City of Port Orchard’s motion for summary judgment with respect to alleged violations of the First Amendment rights of Engley Diversified, Inc., a billboard company. Engley sought damages under federal and state law for what it alleged were wrongful denials of billboard permits by the city.
The case, which has a lengthy and twisted procedural history, stems from the submission of six permit applications by Engley to the city in 2010. Engley sought to construct three billboards in the city. The city’s code enforcement officer denied the permits, interpreting the sign code as prohibiting them. Engley appealed to the city’s hearing officer. During the pendency of the appeal, the city council enacted an ordinance prohibiting all off-premises advertising billboards throughout the city. The city’s hearing examiner subsequently denied the appeal on the merits, finding that the code enforcement officer’s interpretation of the sign code was not clearly erroneous. In December 2010, Engley appealed to the city council,
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Philly Airport Advertising Ban Fails to Pass Judicial Muster
In August, the Third Circuit Court of Appeals affirmed a lower court decision holding that the Philadelphia airport’s advertising policy was unreasonable in light of the purposes of the advertising space, in violation of the
New Jersey Supreme Court: Digital Billboard Ban Unconstitutional
In a surprising decision, the New Jersey Supreme Court found earlier this month that a township ordinance prohibiting digital billboards violated the free speech provisions of the U.S. and New Jersey constitutions.
Franklin Township, New Jersey, a suburban community in Somerset County, enacted sign regulations that allowed billboards in zoning districts near interstate highways. The regulations prohibited digital billboards. The township justified its regulations on the basis of traffic safety and aesthetics. Various township bodies suggested that the ban on digital billboards was enacted because the township did not have sufficient information on the safety of digital billboards in order to craft appropriate regulations. Because state law imposes dispersal requirements on billboards, it was established that the township could have just three static billboards and just one digital billboard.
In 2009, E&J Equities sought a variance to allow the placement of a digital billboard in the township. Because digital billboards were not allowed, the request was brought before the township’s Zoning Board of Adjustment. The ZBA did not approve the application.
Thereafter, E&J brought an action against the township in state trial court. The trial court found that the township failed to meet intermediate scrutiny
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Texas Court Deals Setback to Billboard Restrictions
The Texas Highway Beautification Act permits “political” signs to be displayed no more than 90 days before an election and 10 days after an election. Because this provision regulates speech based on its content, two weeks ago, the Texas Court of Appeals found the entire Highway Beautification Act violates the First Amendment to the U.S. Constitution. The court’s decision in Auspro Enterprises, LP v. Texas Department of Transportation is a major blow to state and local efforts to control billboard advertising.
The case began in 2011 when a head shop owner in Bee Cave, Texas, Auspro Enterprises, displayed a sign advocating the election of Ron Paul for President outside of the time limits prescribed by the Highway Beautification Act. The state Department of Transportation brought an enforcement action against the landowner
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