Article by David P. Winkle, R. Ross Burris, Jonathan M. Kendall and Adam M. Walters
The Court of Appeals for the Eleventh Circuit has handed down opinions regarding how county and municipal governments ("Local Governments") may enact and enforce sign ordinances. In light of these recent decisions, certain exemptions to sign ordinances, once thought constitutional, may now be considered content-based regulations, and held to unconstitutionally infringe on free speech.
- Because of these decisions, many Georgia Local Government sign ordinances are susceptible to constitutional challenge.
- Specifically, a sign ordinance which permits exemptions based upon the owner or the particular purpose of the sign may be subject to strict constitutional scrutiny. This means that local sign ordinances that require permits for some signs, but not for other signs, based upon the use or user of the sign, are subject to constitutional challenge.
- Furthermore, a sign ordinance that does not contain a reasonable time limit within which to make a decision regarding a permit application is also subject to constitutional challenge as a prior restraint on free speech.
If Powell Goldstein may be of assistance to your Local Government with the changes in sign regulation compliance, please contact one of the above attorneys specializing in Local Government law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
