Last week, another local sign code was found content based and unconstitutional, this time in North Redington Beach, Florida.
A local business, Sweet Sage Café, was issued notices of violation for several alleged violations of the town’s sign code. In response, the café filed First Amendment claims against the town, which is a small coastal community along the Gulf of Mexico. The town’s sign code had several features of sign codes that are commonly understood to be unconstitutional post-Reed:
- The town’s definition of “sign” had several arguably content based elements, including “Drawings of articles for sale on the premises that is related to the business and/or is intended to advertise or inform, rather than being merely aesthetic, shall be classified as a sign under this Chapter. The term does not include an official traffic control sign, official marker, national or state flags permitted by this Chapter, athletic scoreboards, or the official announcements or signs of government.”
- The town exempted several types of signs from permitting on the basis of their message, including “national flags shown in accordance with the standards of the Adjutant General,” warning signs, murals, holiday decorations, memorial signs or tablets, garage sale signs, real estate open house signs, political campaign signs, “no trespassing” signs, and others.
The town issued notices of violation to Sweet Sage Café for a series of flip-flop sandal footprint decals
Continue Reading Florida Town’s Sign Code Found to Violate First Amendment