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Will a Recent Supreme Court Ruling Limit Open House Signs

Reblogger Michael J. Perry
Real Estate Agent with KW Elite

     The Supreme Court has weighed in on temporary signs ! It also appears that they will have great

impact in future temporary signage rules & regs ! Please read through this blog post to see how this

might affect your business or organization . I'll be watching my own townsip in West Lampeter , PA.

Thanks Lise for bringing this to our attention !

Original content by Lise Howe DC AB15253

REED ET AL. v. TOWN OF GILBERT, ARIZONA, ET AL  is a June 2015 Supreme Court case which considered when municipalities may impose content based restrictions on signage.  The case also clarified the level of constitutional scruitiny which should be applied to content-based restrictions on speech. Gilbert Arizona had a municipal sign ordinance that retricted the number of signs which could be displayed in public areas and the length of time such signs could be up.  The ordinance imposed stricter limitations on signs advertising religious services than signs that displayed "political" or "ideological" messages. When the town's Sign Code compliance manager cited a local church for violating the ordinance, the church filed a lawsuit in which they argued the town's sign regulations violated itsFirst Amendment right to free speech.

Essentially the Supreme Court held that any sign regulation must be content-neutral so as to not deny free speech.  A city can impose restrictions on the type, size and location of a sign, but not on the message itself. Content-neutral means that it shouldn't matter what the sign says and that a city employee does not have to read the sign to decide whether it complies with the municipal regulations. Regulations which are not content neutral are unconstitutional. 

No doubt you are wondering what that has to do with us as Realtors. 

With this new Supreme Court ruling, any municipality with a sign code will have to review their regulations and decide whether they grant exemptions which are not content-neutral. If they currently do grant content-based exemptions, they will have to revise their regulations.  Cities will have to decide either to:

1. Grant everyone the right to place directional signs anywhere, content being irrelevant.  Under this scenario, anyone can put up a sign, from the local pet shop to the adult movie store to the liquor store, wherever an open house sign can be displayed; or

2. revoke all the sign exemptions.  No business will be permitted to display any directional signs, including open house signs. 

For many, the second choice will be seen as the simpler solution. No directional signs at all. No possibility of subsequent litigation.

There is one caution in the ruling - and it applies directly to real estate signs. If the content regulation is being applied narrowly in relation to a "compelling governmental interest" -  some content exemptions are permitted.

The Supreme Court and the Federal Trade Commission have considered real estate signage as an asset to federal fair housing.  These signs provide non-discriminatory access to housing and are supportive of the Fair Housing Amendments to the Civil Rights Act. 

I encourage you to keep an ear tuned to any efforts by your city council to restrict real estate signage.  Be ready to work with your local real estate association to tell the city council that there is a compelling interest in allowing exemptions for real estate signs.

Open house signs increase traffic at local open houses, increasing the rate of sales and then the tax collections for municipalities.

Open houe signs improve access to all citizens for housing and support fair housing and non-discrimination efforts.

City and county governments want to avoid litigation, which is of course why they will think of taking away all exemptions. They need to understand that that will likely create more litigation from real estate organizations that want to keep their current signage rights.

By getting engaged with local leaders and sharing this information with them, we will preserve the ability to advertise open houses without creating a visual disaster of overwhelming directional signage. 

 

 

If you are looking for a home in the DC metro area, you know there is more to the process than just picking a property and making an offer. You need to find the best location for your wants and needs, get a great price, and work with a lender who will make your life easier - not harder.  Trust your search with a Realtor who is licensed in DC, MD and VA and really knows the city and all its secret neighborhoods.

Start your search with the Lise Howe Group, Washington Natives who love the city and all its quirkiness! If you are moving or relocating to Washington DC, be sure to ask for our relocation guide. Call us at 240-401-5577 to schedule an appointment or email us at lise@lisehowe.com.  Too excited to wait to talk to us about a great home? Just click here to start that home search.

If you want to see what is for sale in Washington DC, Chevy Chase and Bethesda, check out these links below:

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Lise Howe
Keller Williams Capital Properties
240-401-5577 (24 hour direct)
Licensed in DC, MD, and VA
Associate Broker, GRI, ABR, CRS
The Lise Howe Group
Howe Real Estate Should Be!
www.thelisehowegroup.com

www.bethesdahomesforsale.com
                                                 www.homesinchevychasebethesda.com

 www.kenwood-forest.com

 

 

       

Posted by

 

Michael J. Perry

KELLER WILLIAMS Elite

www.lancaster4sale.com  

 

1280 Plaza Blvd. , Lancaster, PA 17601

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Ronald DiLalla
Century 21 Discovery DRE 01813824 - Anaheim, CA
No. Orange Cty Real Estate

Hi MIchael,,,going to be interesting to see how this pans out.

Dec 11, 2015 01:51 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Once again, the Government may be getting into something they really do not need to

Dec 11, 2015 08:56 AM
Roy Kelley
Retired - Gaithersburg, MD

This is a very good selection for a reblog. I also follow the blogs of Lise Howe

Dec 12, 2015 12:47 AM
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Michael,  They considered 2 years ago to limit the usage of a Real Estate sign (A for Sale Sign) to 30 days, then it would have to be removed for 30 dys before it could be put back up.  Most of the agents in the county attended the hearing.  They tabled the issue for the time being.

Dec 12, 2015 12:15 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Michael. Does that mean there is a chance that all the political signs will be limited as well?

Dec 12, 2015 10:01 PM
Curtis Van Carter
Better Homes & Gardens Wine Country Group - Yountville, CA
Your Napa Valley Broker Extraordinaire

Michael

Thanks for this repost of Lise's article. We already have sign restrictions in about every city and town here in the Napa Valley. Hopefully they will not make them more restrictive. cheers cvc

Dec 14, 2015 03:07 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Michael I will have to bite my tongue, seems to me the Supreme Court could have done better taking on more urgent and more important issues....just sayin,Endre

Dec 14, 2015 06:22 AM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

Thanks for reblogging Lise Howe 's post as I missed it when she posted it Michael J. Perry I know Minot has had some sign laws in the past. I'm not sure if they repealed them or just don't inforce them anymore.

Dec 14, 2015 09:06 AM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

The fact that government does not make things easier continues. Here they pick up all signs in a public right away, town or state owned property. 

Dec 14, 2015 10:41 PM
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

thanks for the reblog - I really appreciate the vote of confidence! Have a great weekend.

Dec 18, 2015 08:29 PM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

This reblog has had over 400 views to date !

Feb 12, 2017 08:02 AM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Now at 843 views 

Jun 25, 2020 10:06 AM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

You know I really can’t say I know of the outcome of this blog post ? ……………………..

Mar 01, 2024 01:52 PM