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Provisions to Avoid when <br />Regulating Signs <br />❑ Discretionary pproval: appearance of <br />favoring one sign over another. <br />❑ Exemptions: content -based <br />discrimination; "waters down" substantial <br />government interest. <br />❑ Treating Non -Commercial Speech <br />Differently: defining signs as advertising <br />devices; stating "`signs allowed as defined"; <br />"all other signs are prohibited". These <br />statements appear to prohibit non- <br />commercial speech, which is <br />unconstitutional. <br />Issues of Interest to the City <br />❑ Flags ^, If the US flag is allowed then any <br />non-commercial flag should be allowed. <br />❑ Yard Sians N Some Courts have ruled yard <br />signs are protected. Regulate based on <br />Time, Place and Manner. <br />• Exemption Allowed: Election Season N MN <br />Stat. 211B.045 requires cities to allow <br />noncommercial signs of any size during <br />election season from Aug. 1 until 10 days <br />after election. <br />54 <br />3 <br />