Inflatable balloons in the shape of rats, skunks and other pests used by unions during labor disputes cannot be easily deflated, according to the New Jersey Supreme Court’s recent decision in State v. DeAngelo (A-73-07). The Court held that a municipal “sign” ordinance that banned all inflatable balloon signs, other than grand opening signs, was unconstitutional because it violated the First Amendment right to free speech and was overbroad.

This case arose after a summons was issued to Wayne DeAngelo, a union official with the International Brotherhood of Electrical Workers, Local 269 (IBEW), for displaying a 10-foot rat balloon on a sidewalk in front of a Gold’s Gym in Lawrence Township. DeAngelo was displaying the rat to draw attention to a labor dispute that IBEW was having with a contractor working at the gym. Unions frequently use the rat as a symbol of unfair labor practices and as an image associated with those who “cross the picket line” or otherwise desert the union cause. After Gold’s Gym complained to the police, the police required IBEW to take the rat down. IBEW initially complied, however, after the police left, DeAngelo re-inflated the rat. When the police returned and discovered the rat had been re-inflated, the officer issued DeAngelo a summons charging him with violating a municipal ordinance that prohibited the use of “balloon signs or other inflated signs.” DeAngelo challenged the summons on the basis that the ordinance was unconstitutional. The ordinance provided that

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]