Citing Reed v Gilbert the Texas Court of Appeals Third District this week voided two sections of the Texas Highway Beautification Act because they place content-based restrictions on free speech. The sections which were severed from the Texas Highway Beautification Act included:
- Subchapter B – Regulation of Outdoor Advertising Generally
- Subchapter C – License and Permit For Outdoor Advertising.
The court determined that the Texas Act’s sign code was content based because it had separate rules regulating signs based entirely on the subject matter of a sign’s message. The Texas Act, for example exempted from regulation the following signs based entirely on the subject matter of the sign’s message:
- erected solely for and relating to a public election
- advertising a natural wonder or scenic or historic attraction
- advertising the sale or lease of the property on which it is located
- advertising activities conducted on the property on which it is located
The ruling left intact local government restrictions on outdoor advertising as well as Subchapter I of the Act prohibits off-premise advertising signs along 19 scenic Texas highways.
Here are links to articles by the Austin American Statesman and the Houston Chronicle.
Insider’s take: Looks to Insider like this ruling struck down the authority of the state of Texas to require all outdoor advertising companies to apply for a state permit, to get a surety bond and to pay annual permit fees. It also eliminates the authority of the State to regulate signs except on certain scenic corridors. Texas city and county regulations remain in place, however, and you can expect a hurried legislative response to address Reed v Gilbert issues and to restore the authority of the State to permit and regulate outdoor advertising signs.
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