Justices Mull Implications of Sign Ordinance Case
From barbecue restaurants to highway beautification, Justices mull implications of sign-ordinance case
Oral arguments were held Nov 10 before the US Supreme Court regarding the First Amendment challenge to the city of Austin, TX, billboard sign ordinance. The challenge is to Austin’s ordinance that treats signs differently depending on whether or not they have a connection to the site where they are located. The U.S. Court of Appeals for the 5th Circuit ruled that the ordinance violates the First Amendment, but during over 90 minutes of oral argument in City of Austin v. Reagan National Advertising of Texas, the Supreme Court was closely divided on this question. Although some justices appeared to agree with the 5th Circuit, other justices were clearly concerned that upholding the 5th Circuit’s decision could have repercussions far beyond the ordinance that they were considering.
One of the key issues in the case is whether the onsite/offsite distinction can survive constitutional scrutiny. CSA joined in an amicus brief, along with ISA and several other state sign associations, to urge the court to retain the traditional distinction. Justice Stephen Breyer said their decision calls into question “every regulation on the books,” even those that have historically been allowed. “Down that road, madness lies,” Justice Elena Kagan commented.
Justice Brett Kavanaugh could hold the deciding vote, but he, too, appeared conflicted. On the one hand, he (like Justice Gorsuch) asked why the city couldn’t address its safety and aesthetic concerns by restricting the placement, size, and number of signs, rather than restricting “anything that has to do, arguably, with the words that are written on the sign.” On the other hand, he emphasized to these kinds of ordinances “have been around for a long time,” and that a ruling for Reagan National would impose significant burdens on “a lot of local jurisdictions around America.”
A decision is expected by summer.
About CSA Team
CSA’s Executive Director, Roy Flahive, has worked within the sign industry for more than 50 years. He served an apprenticeship in the International Brotherhood of Electrical Workers (IBEW), owned his own sign company for almost 30 years and he is well-known and highly respected in the sign industry, having served on numerous boards, including those of the International Sign Association (ISA), San Diego Area Lighting Advisory Council, Arizona Sign Association, Western States Sign Council, San Diego Mayors Sign Code Task Force, and UL’s Industry Advisory Committee. Notably, Flahive has twice been elected President (Chairman of the Board) of CSA and has served over 30 years on that board.
Cheryl Flahive, CSA’s Director of Member Services, has worked within the sign industry for over 33 years; twenty of those years, as vice president of a sign company in southern California. She has served in various administrative roles, from finance to project management, and is dedicated to helping CSA members at all levels.
The CSA Communications Committee, made up of committed industry leaders, works in a behind the scenes capacity, to keep CSA members educated and informed.