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rote <br />LEAGUE of <br />MINNESO"CA <br />CITIES <br />INFORMATION MEMO <br />Sign Ordinances and the First <br />Amendment <br />Learn how to design a sign ordinance for your city that meets the requirements of the First <br />Amendment for protecting various forms of speech. <br />RELEVANT LINKS: I. First Amendment principles <br />The First Amendment protects signs as speech, and courts will look very <br />closely at any attempts to regulate signs. There are a few rules for regulating <br />signs: <br />• Do not regulate based on content. <br />• Do not favor commercial speech (advertising) over noncommercial <br />speech. <br />• Restrictions on signs must accomplish a substantial government interest <br />and be no broader than necessary. The main substantial governmental <br />interests recognized by courts are traffic safety and aesthetics. <br />II. Drafting a sign ordinance <br />See sample sign ordinance, With the First Amendment rules for regulating signs in mind there are <br />City of Hopkins. <br />several steps cities can take when drafting ordinances. There are things <br />every sign ordinance should probably contain and provisions all sign <br />ordinances should avoid. <br />A. Provisions to include <br />1. Statement of purpose <br />This section tells why the ordinance was drafted and how it should be <br />applied. It should state clearly that it is not intended to have content -based <br />restrictions and should not be applied that way. It provides a quick clear <br />statement of government purposes and how the ordinance fulfills those <br />purposes rather than needing to review your legislative record if challenged. <br />This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. <br />145 University Ave. West www.Ime.org 3/7/2007 <br />Saint Paul, MN 55103 -2044 (651) 281 -1200 or (800) 925 -1122 © 2013 All Rights Reserved <br />