Ruling Against Sign Code Has Implications for New York
In his Zoning and Land Use Planning column, Anthony Guardino discusses how a decision by the U.S. Supreme Court is likely to force local governments to reconsider many of their sign ordinances.
November 24, 2015 at 09:28 PM
9 minute read
Near the end of its term in June, the U.S. Supreme Court issued a decision in Reed v. Town of Gilbert1 that is likely to require a great deal of attention by local governments throughout New York.
In Reed, the court reversed a decision by the U.S. Court of Appeals for the Ninth Circuit and ruled that an Arizona town's comprehensive code (the “sign code”) governing the manner in which people could display outdoor signs was unconstitutional.
At least one New York court, in a case filed before the court's decision, already has cited Reed to strike down a town's sign ordinance.2 It seems clear, therefore, that Reed should be used as a guide by any municipal official in New York intent on developing a sign ordinance as well as by local authorities here who will need to review and possibly modify their existing laws.
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