Laserfiche WebLink
RELEVANT LINKS: <br />Exemptions also may "water down" the substantial government interest. For <br />example, if an ordinance prohibits temporary signs but allows a long list of <br />exemptions, it suggests the city is not really concerned about temporary <br />signs. <br />Exemptions may be based on valid time, place, or manner restrictions, such <br />as exempting all signs under a certain size from permitting requirements. <br />3. Over - defining signs <br />Cities may inadvertently treat non - commercial speech differently by <br />defining "sign" as "advertising ". This occasional problem is the combination <br />of a few steps: <br />• Signs are defined as advertising devices. <br />• The ordinance allows signs as defined. <br />• All other signs are prohibited. <br />This arguably prohibits noncommercial speech, which is unconstitutional. <br />III. Common sign ordinance issues <br />A. Off - premises advertising (billboards) <br />Off - premise advertising consists of commercial signs that do not advertise <br />for a business on the same premises as the sign. It is legal to forbid off - <br />premise advertising, so long as the prohibition does not extend to <br />noncommercial messages <br />B. Flags <br />Be cautious of regulations that might favor some types of flags, particularly <br />the United States Flag, over other flags. This is a good place for the <br />substitution clause; if one type of noncommercial flag would be acceptable, <br />any noncommercial flag should be allowed. <br />C. Yard signs <br />City ofLaaue v. ctrreo, 512 Some courts have held that yard signs are constitutionally protected and <br />U.S. 43, 114 S. Ct. 2038 <br />(1994), cannot be prohibited. Be especially cautious about provisions that favor <br />some messages over others, such as exemptions for real estate or <br />construction project signs. <br />League of Minnesota Cities Information Memo: 3/7/2007 <br />Sign Ordinances and the First Amendment Page 3 <br />