On Wednesday, November 9th, to celebrate the end of election season, the American Bar Association’s Section of Real Property, Trusts, and Estates will be holding a free teleconference on post-Reed speech regulation cases. The dial-in information and a description of the call can be found below, and we hope that our readers will tune
Upcoming Programs to Review Sign Regulations, Case Law After Reed
The editor and authors of the Rocky Mountain Sign Law blog are pleased to announce that we will be participating in several upcoming programs on the topics of sign regulation and other free speech and land use matters. We hope that our readers will have the opportunity to attend or tune into one of these
Seventh Circuit: Wisconsin “Rats and Cats” Case May Be Moot
In 2014, a labor union decided to protest the practices of an employer in Grand Chute, Wisconsin by placing large inflatables in public right-of-ways. These inflatables included a giant rat and a large cat wearing a suit and strangling a worker. Grand Chute’s sign code prohibited the placement of private signs in the right-of-way. After the town government took enforcement action against the union, a federal district court denied the union’s request for a preliminary injunction and granted summary judgment in favor of the town.
On appeal from the summary judgment order, however, Judge Easterbrook, writing for the panel, questioned whether the case involved a live controversy.
Continue Reading Seventh Circuit: Wisconsin “Rats and Cats” Case May Be Moot
First Circuit Rejects New Hampshire “Ballot Selfie” Law
Late last month, the First Circuit Court of Appeals upheld a lower court decision finding that a New Hampshire law prohibiting digital photography of completed election ballots violated the First Amendment. In the case of Rideout v. Gardner, the court found that the law was not narrowly tailored to a significant governmental interest, and therefore failed intermediate scrutiny review.
The New Hampshire law in question was commonly referred to as the “ballot selfie” law, since it prohibited individuals from taking cell phone photographs of themselves with their completed ballots. The law was a 21st century update of an earlier state law dating back to the late 1800s
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Trick or Sign Regulation News Treat?
Halloween is a time for ghouls, goblins, monsters, and . . . scary sign regulation problems.
An interesting Halloween tradition in West Hartford, Connecticut has taken on a political dimension in advance of the 2016 presidential election. Matt Warschauer has constructed,
Court: Utility Pole Warning Signs are Forced Speech in Violation of First Amendment
In a decision that could have far-reaching consequences, earlier this year, a federal court in New York found a town law requiring the placement of warning signs on utility posts violated the First Amendment as a content based restriction on noncommercial speech.
In 2014, the Town of North Hempstead, New York adopted a local law requiring warning signs on utility posts in the town. The law came about following local opposition to the erection of a new overheard electricity transmission line through the town. As part of the project, the Long Island Power Authority (LIPA) and PSEG Long Island LLC (PSEG) placed new utility poles
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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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RLUIPA Defense/Rocky Mountain Sign Law Joint Blog Post: Pennsylvania Borough’s Church Directional Signs Did Not Violate the Establishment Clause
This post is authored as a joint post of the RLUIPA Defense (www.rluipa-defense.com) and Rocky Mountain Sign Law (www.rockymountainsignlaw.com) blogs. Evan Seeman of Robinson & Cole and Brian Connolly of Otten Johnson Robinson Neff + Ragonetti contributed to this post.
Late last month, a federal district court in Pennsylvania ruled that
New Book on Sign Regulation Released
Our colleagues and friends Dan Mandelker, John Baker, and Rick Crawford have recently co-authored a new book, the fourth edition of Street Graphics and the Law, published by the American Planning Association. The new edition of Street Graphics is an update to one of the most important resources for local governments on the science,
Evidence of Less-Restrictive Alternatives Do Not (Necessarily) Violate the Narrow Tailoring Requirement
The plaintiff in Williamson v. City of Foley was a Baptist pastor whose congregation periodically engaged in evangelistic street ministry by preaching and witnessing orally and with signs on public sidewalks at the intersection of two major highways.
Continue Reading Evidence of Less-Restrictive Alternatives Do Not (Necessarily) Violate the Narrow Tailoring Requirement