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Thursday, June 18, 2015

UPDATED POST - Reed v. Town of Gilbert

The link to the opinion in the previous blog post was incorrect.  This post has the correct link. 

Many of you have been waiting for the U.S. Supreme Court to issue its ruling in the Town of Gilbert case involving a local church's challenge to the constitutionality of the Town's sign code. The church (which had been cited under the Town's sign code for placing certain temporary directional signs throughout the town) claimed that the Town's sign code was a content-based regulation that violated the First Amendment. The Ninth Circuit Court of Appeals had ruled in favor of the Town, finding the regulation content-neutral. The church appealed. This morning, the Supreme Court reversed the Ninth Circuit, and held that the challenged sign provisions were content-based regulations that could not survive strict scrutiny as required by the First Amendment. Reed v. Town of Gilbert, Arizona (USSCT, June 18, 2015).

We will post a more detailed analysis of this case tomorrow, but I wanted to get the word out to my fellow land-use nerds who follow these cases.

Post Authored by Julie Tappendorf  


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