Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Supreme Court Addresses Municipal Sign Regulations, Again
In the 2015 decision of the U.S. Supreme Court in Reed v. The Town of Gilbert, 135 S.Ct. 2218 (2015), the Court applied strict scrutiny to a sign regulation, as it related to directional signs placed by a local congregation that held services at different locations each week. In April, 2022 the Court took another look at the issue of strict scrutiny relating to "off-premises" signs. In the case of City of Austin, Texas v. Reagan National Advertising of Austin, LLC, No. 20-1029 (2022), in distinguishing the determination in Reed v. The Town of Gilbert, the majority concluded, in an opinion by Justice Sonia Sotomayor, that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.
The City of Austin regulates signs and specifically regulates signs that are not located at the premises they advertise. The sign code of the City prohibits new off premises signs. Any such signs existing at the time of enactment of the restrictions may remain, may change their message (the face) but may not be changed in any way that increases their nonconformity. It was these provisions which gave rise to the dispute, when Reagan National Advertising sought to digitize off premises signs. There are no similar restrictions on signs that advertise activities located on the premises where the signs are located.
As the Court noted in the City of Austin case, "[o]n-/off-premises distinctions, like the one at issue here, proliferated following the enactment of the Highway Beautification Act of 1965 (Act), 23 U.S.C. §131. In the Act, Congress directed States receiving federal highway funding to regulate outdoor signs in proximity to federal highways, in part by limiting off-premises signs…. The City represents, and respondents have not disputed, that 'tens of thousands of municipalities nationwide' have adopted analogous on-/off-premises distinctions in their sign codes."
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.