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League of Minnesota Cities <br /> L <br /> InsuranceTrust <br /> 145 University Avenue West,St Paul,MN 55103-2044 <br /> (651)281-1200 • (800)925-1122 <br /> rrg attnRanw Fax:(651)281-1298 TDD:(651)281-1290 <br /> www.imnc.org <br /> LMCIT RISK MANAGEMENT INFORMATION <br /> SIGN ORDINANCES AND THE FIRST AMENDMENT <br /> By Paul Merwin, LMCIT Senior Land Use Attorney <br /> This memorandum discusses some of the basics of designing a sign ordinance that meets the <br /> requirements of the First Amendment. <br /> General First Amendment Principles <br /> The First Amendment protects signs as speech, and courts will look very closely at any attempts <br /> to regulate signs. <br /> There are a few rules for regulating signs: <br /> 1. Do not regulate based on content. <br /> 2. Do not favor commercial speech (advertising) over noncommercial speech. <br /> 3. Restrictions on signs must accomplish a substantial government interest and be no broader <br /> than necessary. The main substantial governmental interests recognized by courts are traffic <br /> safety and aesthetics. <br /> With this background in mind, there are several steps cities can take when drafting ordinances. <br /> Provisions All Sign Ordinances Should Have <br /> Every sign ordinance should probably contain the following provisions: <br /> Statement of Purpose <br /> Tells why the ordinance was drafted and how it should be applied. Should state clearly that it is <br /> not intended to have content-based restrictions and should not be applied that way. Provides a <br /> quick clear statement of government purposes and how the ordinance fulfills those purposes <br /> rather than needing to review your legislative record if challenged. <br /> Substitution Clause <br /> Provides that for every sign that is allowed, any non-commercial message could be legally <br /> substituted. Ensures that non-commercial speech is never discriminated against based on content <br /> because it will always allow a noncommercial message on any sign. Many ordinances <br /> inadvertently define signs in terms of advertising and may incidentally seem to allow only <br /> commercial messages. A substitution clause may correct these mistakes by providing a catch-all <br /> allowance of noncommercial messages notwithstanding other provisions. <br /> This material Is provided as general information and is not a substitute for legal advice. <br /> Consult your attorney for advice concerning specific situations. <br />