City’s Sign Restrictions Not Enforceable
Lawrence Willson, a homeowner in
Bel-Nor, Missouri, displayed three free-standing stake-mounted signs in his
front yard. One sign stated “Black Lives Matter,” and had been in his yard
since 2014. The other two signs (which had been in place
since 2016) stated “Clinton Laine,” and “Jason Kander U.S. Senate.” Each of the
signs was approximately 18 by 24 inches in size. In 2017, the City issued a citation
for violation of a local law restricting homeowners from displaying more than
one “stake-mounted” sign at a time, among other restrictions.
Willson subsequently sued the City, claiming the
City’s ordinance violated his free speech and other constitutional protections.
The district court ruled in the City’s favor, finding the ordinance was content-neutral and narrowly tailored to address the City’s interests in aesthetics and
traffic safety.
On appeal, however, the 8th
District Court of Appeals blocked Bel-Nor from enforcing its sign law. Citing the U.S. Supreme Court’s ruling in Reed v. Town of Gilbert, the court noted that “content-based laws -
those that target speech based on its communicative content - are presumptively
unconstitutional and may be justified only if the government proves that they
are narrowly tailored to serve compelling state interests.” In this case, the 8th
District found a provision in the City’s ordinance that treats signs
and flags differently, depending on their content, problematic. Specifically, the court
noted that whether a particular “fabric” is a sign or a flag under the City’s
ordinance depends on the “topic discussed or the idea or message expressed.” Since
the topic or message of the sign/flag determines whether a sign or flag is prohibited by the
ordinance, the ordinance is a “content-based” regulation under the Reed
case, and the court found that the City could not show a compelling government
interest to justify the regulation.
To read Willson v. City of
Bel-Nor, click here.
Post Authored by Megan A. Mack and Julie Tappendorf
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