One of Morris’s murals in New Orleans. Source: The Advocate.

In October, a federal district court in Louisiana denied the City of New Orleans’s motion to dismiss a claim filed by an individual challenging the city’s permit requirement for murals.

In late 2017, Neal Morris, an owner of residential and commercial

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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Last week, a court in Missouri ruled that a village’s ordinance prohibiting commercial activity—including commercial photography—in a park was a constitutional restriction on speech.

The Village of Twin Oaks, Missouri had an ordinance that prohibited the use of a village park for commercial purposes.  The park was posted with signage that read:  “No commercial activity, including commercial photographers.”  The stated purpose for the village’s regulation was to ensure public safety and fair use of the park.  Josephine Havlak was a professional photographer who takes pictures for wedding and portrait purposes.  After Havlak filed suit claiming that the ordinance was a content based and unconstitutional restriction on speech, the village modified the ordinance to allow commercial photographers to use the park in exchange for a $100 permit fee.
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