Sign Codes

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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,
Continue Reading City’s Denial of Billboard Permits Does Not Violate First Amendment: Federal Court

A digital billboard in New Jersey. Source: nj.com.

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
Continue Reading New Jersey Supreme Court: Digital Billboard Ban Unconstitutional

Last month, a federal magistrate judge in New York recommended invalidating yet another sign code as content based in violation of the First Amendment to the U.S. Constitution.  In February 2015, a resident of the Village of Perry, New York, Carolyn Grieve, posted signs complaining about the village’s spending policies.  Grieve received a notice of…

The court ruled that signs like the one shown above are forced speech in contradiction of First Amendment rights of utility companies. Source: Newsday.

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
Continue Reading Court:  Utility Pole Warning Signs are Forced Speech in Violation of First Amendment

The Ron Paul sign in question in the Texas Highway Beautification Act case. Source: Austin Chronicle.

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
Continue Reading Texas Court Deals Setback to Billboard Restrictions

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…