This post was originally authored by Evan Seeman, Karla Chafee, Dwight Merriam, and John Peloso of Robinson + Cole, LLP.  Any views reflected in this post are the views of the original authors. 

The Missouri Court of Appeals has ruled that the Kansas City, Missouri, Board of Adjustment abused its discretion in failing to grant a variance to Antioch Community Church (Church) to install digital components into its monument sign.  The Church argued that absent the variance it had practical difficulty in communicating its message.  In the alternative, the Church contended that the zoning code violated the First Amendment “by favoring less-protected commercial speech over more-protected non-commercial speech.”  Under the code, schools and churches on lots 15 acres or more (or 10 acres or more if located on a major arterial road) are allowed to use digital signs.  Because the Church’s lot was less than 10 acres, the code prohibited it from having a digital sign on its property.

The Church property is in a single-family residence zone next to commercial, urban residential, downtown, and industrial zones, all of which permit digital signs.  The Church is located on Antioch Road, a four-land roadway with about 14,000 travelers each day.  Since 1956, the Church has had a monument sign consisting of glass display cases surrounded by brick framework.  The sign included messages and information about Church activities that were manually  added using letters hung from cup hooks.  In 2010, at a cost of $11,000, the Church installed a digital sign, which replaced the display case, but no changes were made to the brick surround.  At this time, the Church was unaware that the Kansas City sign ordinance prohibited digital signs in residential zones (Section 88-445-06-A-4 of the code).  Accordingly, the Church did not seek a variance before installing the digital sign component.
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The Ten Commandments monument outside of Bloomfield’s city hall. Source: wildhunt.org.

Earlier this month, the Tenth Circuit Court of Appeals ruled that Bloomfield, New Mexico’s installation of a Ten Commandments monument on the lawn in front of city hall violated the Establishment Clause of the First Amendment.

In 2007, upon request of one of its members, the Bloomfield city council approved the placement of the privately-donated monument.  At the time, the city lacked a policy regarding placement of permanent monuments, but it enacted one three months later.  The city’s policy required a statement to be placed on privately-donated stating that the speech was not that of the city but rather of the donor, and also required that such monuments relate to the city’s history and heritage.  After several years of fundraising and another city council approval, the 3,400 pound Ten Commandments monument was placed on the city hall lawn in 2011, and the city held a ceremony—replete with statements by elected officials and religious leaders—to dedicate the monument.  Over the course of the next two years, the city amended the monument policy, and allowed the installation of other monuments on the lawn, including monuments containing the Declaration of Independence, the Gettysburg Address, and the Bill of Rights, but did not advertise its policy of allowing donated monuments.

The federal district court held
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The Hitching Post in Coeur d’Alene, Idaho.  

In an opinion issued last week, a federal district court in Idaho found that a wedding services business, Hitching Post, which refused to officiate same-sex marriages on religious grounds, did not have standing to challenge an ordinance that prohibited discrimination on the basis of sexual orientation.
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