Is a local ordinance valid if it...
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
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That’s excellent that you are working on reviewing your sign ordinance. Many ordinances still contain content-specific regulations that would not pass constitutional muster, and townships should be reviewing and considering how to revise current provisions to align with First Amendment protections. The constitutionality of on-premise and off-premise sign distinctions has been an open question since 2015 when the United States Supreme Court issued a decision regarding content-based restrictions on signage in 2015 in Reed v Town of Gilbert. The Supreme Court recently clarified the scope of its holding in Reed in its recently released decision in City of Austin, Texas v Reagan Natl Adver of Austin, LLC. The Supreme Court ultimately held that off and on-premise sign regulations are not facially content-based. Be on the lookout for next month’s E-Letter and webinar that will breakdown the new opinion and explain what it may mean for your municipality.
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
Read MoreThe First Amendment limits how Michigan municipalities and townships may regulate private speech, but it does not limit their own speech. Th...
Read MoreIn the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may pro...
Read MoreAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.