Alan Weinstein, an acknowledged expert on planning, who holds a joint faculty appointment at Cleveland State University’s Cleveland-Marshall College of Law and Maxine Goodman Levin College of Urban Affairs, and also serves as director of the colleges’ Law & Public Policy Program, will speak at two separate sessions at the 2017 American Planning Association’s National […]
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What Happened in the Denny’s v. Agoura Hills Pole-sign Case?
In 1985, the city of Agoura Hills, California enacted a sign ordinance that prohibited all pole signs, with the exception of a few that were less than 6 feet tall. It included an amortization period that ended in March 1992, at which time all of the pole signs would have to come down, without any […]
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What Does Amortization Mean for Signage?
Amortization concerns the compensation for a sign that is no longer in compliance when a sign code changes. The theory is, if a sign is allowed to exist for a certain period of time, its owner would recoup their investment during a period prescribed by the local jurisdiction before the sign must be removed. This […]
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FASI Board Member Prof. Alan Weinstein Addresses APA Conference about Reed v. Gilbert
Law professor Alan Weinstein, a board member of the newly formed Foundation for the Advancement of the Sign Industry, was one of three people associated with sign-industry groups who spoke at a session on sign regulation at the American Planning Association annual conference, April 4, 2016, in Phoenix, Arizona. Speakers at the session, entitled “Regulating […]
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What are Some Recommendations for Regulating Temporary Signage?
Writing sign codes can be challenging for city planners and administrators who have had no formal training abut the nuances of on-premise signage. But a sub-category of this task, writing regulations specifically for temporary signage, presents an even more perplexing problem. Wendy Moeller, a Cincinnati, Ohio-based planner (AICP), who recently served as president of the […]
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What Has the Supreme Court Said About On-premise Signage?
Supreme Court cases that involve on-premise signage The 1st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. […]
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How Does the Copyright Protection of the 1982 Lanham Act Affect Signs?
The Lanham Act, also known as the Trademark Act, was originally passed in 1946. It has been revised several times since then, including 1982, when it was revised by Sen. Orrin Hatch (R-UT) to prevent cities/municipalities from requiring businesses to alter federally registered trademarks. Section 1121(b) of the act states: “No state or other jurisdiction of […]
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Is Your Sign Code Content Neutral? Reed v. Gilbert Warns it Should Be
Quite often, sign codes are primarily governed by their definitions. Many of the definitions are about types of signs: temporary, projecting, banners, fascia, freestanding, pole-mounted, etc. Quite often, however, signs are defined by their content: political, real estate, commercial, yard sale, etc. If a sign is blank, you can still tell what kind of sign it […]
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Street Graphics
The following article was written in 2005. In 1971, the American Planning Assn. (APA) began distributing a book by Daniel Mandelker and William Ewald entitled Street Graphics and the Law. That book recommended the uncompensated taking of signs and control of a sign’s design, message and aesthetics. While the sign industry was making great strides […]
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How Broadview Heights, Ohio Ignored Content Neutrality
In terms of ignoring “content neutrality,” call it “North Olmsted, Part II.” The following article, written by FASI Executive Director Wade Swormstedt, originally appeared in the April 2004 issue of Signs of the Times magazine. Broadview Heights, OH, is roughly 21 miles away from North Olmsted, OH. In terms of First Amendment ignorance (or perhaps […]
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