Adams Outdoor Advertising Limited Partnership v. City of Madison, Wisconsin, Appeal No. 20-1670 (7th Cir. Jan. 4, 2023).
The Seventh Circuit has issued a ruling finding the city of Madison’s sign ordinance is constitutional. Adams (amongst other issues) challenged the city’s distinction between on- and off-premises signs as well as regulation of digital signs. Adams, essentially, argued that the distinctions in the city of Madison’s sign ordinance were facially unconstitutional and a deprivation of Adams’ right to free speech.
Relying on the recent Supreme Court decision in City of Austin v. Reagan Nat'l Advert. of Austin, LLC, ––– U.S. ––––, 142 S. Ct. 1464 (2022), the Seventh Circuit found that the city of Madison’s sign ordinance and on-/off-premises distinction is content neutral, so intermediate scrutiny applies. Under that standard of review, a municipality has the ability to regulate signs and billboards so long as the municipal sign code is, “narrowly tailored to serve a significant governmental interest.” Id. at 1475-76.
A “governmental interest” can include things such as public safety and the aesthetics of a community. So long as the municipality can articulate a valid governmental interest, it will be very difficult for any entity to overcome the ruling in City of Austin and this most recent Seventh Circuit decision.
Author: Matthew J. Tobin
Adams Outdoor Advertising Limited Partnership v. City of Madison, Wisconsin, Appeal No. 20-1670 (7th Cir. Jan. 4, 2023).
The Seventh Circuit has issued a ruling finding the city of Madison’s sign ordinance is constitutional. Adams (amongst other issues) challenged the city’s distinction between on- and off-premises signs as well as regulation of digital signs. Adams, essentially, argued that the distinctions in the city of Madison’s sign ordinance were facially unconstitutional and a deprivation of Adams’ right to free speech.
Relying on the recent Supreme Court decision in City of Austin v. Reagan Nat'l Advert. of Austin, LLC, ––– U.S. ––––, 142 S. Ct. 1464 (2022), the Seventh Circuit found that the city of Madison’s sign ordinance and on-/off-premises distinction is content neutral, so intermediate scrutiny applies. Under that standard of review, a municipality has the ability to regulate signs and billboards so long as the municipal sign code is, “narrowly tailored to serve a significant governmental interest.” Id. at 1475-76.
A “governmental interest” can include things such as public safety and the aesthetics of a community. So long as the municipality can articulate a valid governmental interest, it will be very difficult for any entity to overcome the ruling in City of Austin and this most recent Seventh Circuit decision.