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 properties in New Orleans, sought information from the city about the permit process and approval criteria for placing murals on his properties.  When he did not receive the requested information, Morris commissioned an artist to paint a mural on one of his properties.  The mural contained the infamous vulgar quote by President Donald Trump on the “Access Hollywood” tape, but replaced certain of the inflammatory words with images.  Morris was subsequently cited with a violation of the city’s historic district regulations.

In response, Morris filed suit against the city, alleging that the permitting scheme violated his First Amendment rights.  Specifically, he claimed that the permit scheme was an unconstitutional prior restraint and that it was a content based regulation.  He also claimed due process and equal protection violations.  The city subsequently amended its regulations, and the court denied the plaintiff’s motion for preliminary injunction as moot.  When the city then moved to dismiss the case, the plaintiff filed a response in opposition to the motion.

The court first found that the plaintiff had standing to challenge the mural ordinance.  Since the city was attempting to interfere with Morris’s placement of murals, the court found that he had standing.  The court moved on to analyze whether the mural ordinance is content neutral or an unconstitutional prior restraint.  The mural ordinance requires murals to be submitted to the city for design review, in which the city considers the mural’s compatibility with surrounding properties and neighborhoods and determines whether the mural furthers public welfare.  Because these analyses require analysis of the mural’s content, the court found that the regulation was content based.  Based on that finding, the court relied upon Thomas v. Chicago Park District to determine that the law was also an unconstitutional prior restraint, because it allowed unbridled administrative discretion in the issuance or denial of mural permits.

The court went on to find that Morris also pled sufficient facts to state an unconstitutional vagueness claim under the Due Process Clause, but dismissed the plaintiff’s “class of one” claim under the Equal Protection Clause.

Morris v. City of New Orleans, No. 18-2624, 2018 WL 5084890 (E.D. La. Oct. 18, 2018).

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. Continue Reading San Diego’s Motion for Summary Judgment Granted in Mural Case