Unconstitutional Portion of Town Sign Ordinance Found to be Severable

Defendant business pleaded guilty to placing a prohibited sign on public property in violation of the Town Code. Defendant then appealed, and the Supreme Court, Appellate Term reversed the conviction and remitted the fines paid on the grounds that part of the Code unconstitutionally favored commercial over noncommercial speech, and that these sections were not severable from the larger chapter.

Town Code §57A-11 (“Signs, posters and stickers prohibited on public property”) provides:

“Prohibitions. With the exception of any sign created by the Town, county, state or other governmental entity and all signs pertaining to traffic regulations, parking regulations and fire zones which are subject to the rules and regulations of the New York State Vehicle and Traffic Law, no sign, poster, sticker, flag or advertising device shall be located within or upon the right-of-way of any Town, state or county road or highway or upon any Town, county or state or other publicly owned land, or upon any utility pole, tree, fence, or any other structure or object thereupon”

The Town appealed, and the Court of Appeals reversed the Appellate Term. Specifically, the Court of Appeals found that this provision was limited to signs on public property, a finding reinforced by the §57A-11(A), on the provision’s purpose, which focused entirely on the problems of signs in public right-of-ways. The Court found the provision to be a content-neutral ban on all signs on public property, regardless of their commercial or noncommercial nature or content, and that provision validly served the interests of traffic safety and aesthetics. Due to the independent legislative purpose, the unconstitutional sections were found severable from the unconstitutional ones.

The case was People v On Sight Mobile Opticians, 2014 WL 7069518 (2014), and it can be found here: https://www.nycourts.gov/ctapps/Decisions/2014/Dec14/222mem14-Decision.pdf

Powered by 123ContactForm | Report abuse