In their March Legal Report, OAAA Counsel Eric Rubin explores the ties that bind all outdoor advertising companies. A shared interest in the core legal and legislative issues transcends size and geography. OAAA members range in size from closely-held independent companies that serve a limited number of markets to public and privately owned members with a broader regional or national focus. Member companies also have differing operating characteristics and priorities that are a function of their ownership structure, the nature […]
Post Tagged with: "reed v gilbert"
The Lagrange Daily News reports that Troup County, Georgia will vote on a 90 day sign moratorium on March 21. The moratorium will give the County Commissioners time to consider whether to permit digital and electronic billboards and what changes are necessary to the sign code to comply with Reed v Gilbert. Insider’s take: It’s amazing how many communities still have sign codes susceptible to a Reed v Gilbert challenge. The outdated codes contain multiple sign classifications (e.g. yard signs, […]
By Kerry Yoakum, OAAA Legal challenges to billboard controls were filed in four states, prompted by a 2015 Supreme Court ruling that bolstered free speech protections. Two of those four cases recently have been dismissed, in Rhode Island and Georgia. In late January, the Rhode Island case (Rhode Island DOT v. Jeff Anthony Properties, Inc) was dismissed when the sign owner agreed to remove the signs. The Georgia case (Carey Travel, LLC v. Georgia DOT) was dismissed because the sign […]
Sign cases at the US Supreme Court aren’t common. But in 2015, a unanimous Supreme Court struck down a local ordinance because it treated temporary church signs differently than others. This free speech case (Reed vs. Town of Gilbert, AZ) prompts an important question: if the Town of Gilbert’s code was too restrictive because it regulated signs based on content, are other codes also out of line? Some billboard opponents seek to use the Reed decision to hurt billboards, by […]
On August 26, 2016, the Texas Appeals Court for the Third District in Austin voided the two sections of the Texas Highway Beautification Act (“HBA”) addressing permits, licenses, enforcement, and regulation on the ground that the Act violated the First Amendment’s protection of Free Speech after the US Supreme Court’s decision in Reed vs Gilbert. You can read the decision here. Insider talked with Richard Rothfelder a partner at Rothfelder Falick about the ramifications of the decision. Rothfelder is a billboard […]
Harvard Law Review has a May 10, 2016 article titled “Free Speech After Reed v. Town of Gilbert.” Some of the article’s conclusions: Lower courts have begun narrowing the scope of Reed v Gilbert. Lower courts are using Reed v Gilbert to invalidate sign codes which treat different forms of noncommercial communication differently (e.g. if a sign code has different rules of yard sale signs church signs, real estate signs, political signs). Most lower courts have mostly found that Reed […]
The Opelika Observer has written about Rose City Outdoor’s successful challenge to local sign law using Reed v Gilbert as a precedent. Here are the facts. Rose City Outdoor submitted applications for 6 commercial billboards (conventional advertising) and 2 non-commercial billboards (which would run public service messages). All of the signs followed Alabama and local regulations. The city’s planning director asked Rose City to provide examples of what sort of ads the public service signs would display. The city denied […]
The Clayton News Daily reports that Morrow, Georgia has passed a moratorium on billboard construction. The moratorum stops construction or application for billboards over 35 square feet in size. The moratorium was requested by the city attorney’s office to review the constitutionality of the city’s sign ordinance in the wake of Reed v Gilbert. The moratorium expires in 90 days or after adoption of a new sign ordinance, whichever comes first.