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We are in the process of reviewing the constitutionality of our sign ordinance. Can we make a decision between on-premise and off-premise signs?

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.

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At 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.