Will a Recent Supreme Court Ruling Limit Open House Signs
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 !
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.
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