Michigan Cities Consider Impact of Reed V Gilbert

Michigan Cities are reevaluating their sign codes in the wake of Reed V Gilbert according to oaklandcounty115 and a report prepared for planningmi.org.

Cities are looking for the following sign code issues:

  • Content based sign regulations which could potentially invalidate a sign code.
  • Different sign rules for onpremise versus offpremise signs which could potentially invalidate a sign code.
  • Having one set of rules for government/nonprofit building signs and another set of rules for business signs which could potentially invalidate a sign code.

Here is a list of sign code changes which the planning lawyers recommend:

  • Removal of sign content references from a sign code.
  • Restrictions on the size structure, location and lighting of signs should be content neutral.
  • Sign codes should have a severability clause (if any specific language is found to be unconstitutional the rest of the sign code should remain valid) and a substitution clause (signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted subjet to the same regulations).

 

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