Regulating signs in a content neutral manner satisfying First Amendment limitations may become more difficult for local governments following today’s U.S. Supreme Court decision in Reed v. Town of Gilbert. In today’s opinion, all nine Supreme Court justices agreed that the Town of Gilbert, Arizona’s sign code failed the First Amendment’s content neutrality requirement, although the justices came to that conclusion in different ways.
Continue Reading U.S. Supreme Court Deals Significant Setback for Local Governments in Sign Case
Land Use
Amendments to Colorado Urban Renewal Law May Limit Use of Tax-Increment Financing
In May, the Colorado legislature approved a bill amending the state’s Urban Renewal Law, C.R.S. § 31-25-101 et seq., to place new limitations on urban renewal authorities.
Continue Reading Amendments to Colorado Urban Renewal Law May Limit Use of Tax-Increment Financing
As U.S. Supreme Court Decides One Sign Case, Cert Petition Gets Filed In Another
As the outcome of Reed v. Town of Gilbert hangs in the balance, another case challenging a local sign code has been filed with the Supreme Court. This week, the plaintiff in Central Radio Company, Inc. v. City of Norfolk filed a petition for writ of certiorari seeking review of the Fourth Circuit Court of…
Oral Arguments Heard (Finally) In U.S. Supreme Court Disparate Impact Case
When resolving the question of whether disparate impact is a proper theory on which to bring a Federal Fair Housing Act (FHA) claim, the third time may be the charm. Last year, we reported on Township of Mount Holly v. Mount Holly Gardens Citizens in Action, which was the second Supreme Court case in…
Supreme Court Will Review Sign Case With Significant Consequences for Governments, Businesses
The U.S. Supreme Court has granted a petition for certiorari review in a case with significant practical ramifications regarding the validity of many local sign and advertising regulations, and the ability of businesses, artists and others to freely post outdoor signage. In Reed v. Town of Gilbert, the Court will be asked to determine…
