By Kerry Yoakum, VP of Government Affairs, OAAA

Last week the State of Tennessee’s Solicitor General filed a Petition to the Supreme Court to take the case that challenges the constitutionality of Tennessee’s Billboard Control Act (Thomas v. Bright).

The pace of Supreme Court action is likely to be impacted by the coronavirus.

Tennessee’s petition  asks the Supreme Court to take the Thomas case in order to resolve conflicts among courts and because the validity of billboard controls (including the Highway Beautification Act) has broad national significance.

In the Thomas case, a federal trial court and the appellate court have ruled that the regulatory distinction between on-premise and off-premise signs is based on content and therefore is an unconstitutional burden on the First Amendment.

Earlier this year, the Tennessee General Assembly considered legislation intended to remedy the constitutional challenge. The bill passed the state House but stalled in the Senate; the legislature returns to Nashville in June.

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