Big Picture - October 2019 - 13
COURT DECISION COULD IMPACT SIGN LAWS
In Thomas v. Bright, the US Sixth Circuit Court of Appeals
affi rmed the government cannot distinguish between
on-premise and off-premise signage because it is an
unconstitutional content-based distinction. This could
change the way signs and graphics are regulated, reports
the International Sign Association.
ISA says they will continue to work so
that communities affected by this
decision are able to determine for
themselves if and how they regulate
these two types of signage.
This ruling impacts communities
and sign, graphics, and visual
communications companies in
Tennessee, Kentucky, Michigan, and
Ohio. At this point, the Thomas
decision applies only to laws that
prohibit off-premise signs with
non-commercial speech in these states.
"ISA supports the longstanding ability of cities to
distinguish between on-premise signs and off-premise
billboards because each has a very distinct capability and
purpose, and the audience for each is unique," says David
Hickey, ISA's vice president, advocacy. "There are decades of
US Supreme Court precedent which allows communities to
regulate on-premise signs differently than off-premise
billboards. Consequently, we disagree with the recent ruling."
In 2017, a billboard owner (Thomas) won a case against
the Tennessee Department of Transportation, with the
federal district court ruling that the state's on- vs. offpremise distinction was content-based
and therefore unconstitutional. The
decision reflected an interpretation
based on the 2015 US Supreme Court
decision, Reed v. Town of Gilbert.
The case was appealed to the Sixth
Circuit. It remains to be seen whether
Tennessee will appeal to the US
Supreme Court.
Even if the state does not appeal,
there is precedent in other jurisdictions
where courts have ruled that the on- vs.
off-premise distinction is not contentbased. When there are conflicting Circuit Court opinions, the
issue becomes an issue for US Supreme Court consideration,
a process that could take a few years.
"This decision could potentially upend the way signs are
regulated across the country and result in tremendous uncertainty in thousands of communities, especially for the millions of
business that rely on signs to attract customers," Hickey says.
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Big Picture - October 2019
Table of Contents for the Digital Edition of Big Picture - October 2019
Big Picture - October 2019
Contents
Insight
Wide Angle
Upfront
Extreme Vinyl
Let’s Ride
Wrap Like a King Winners
The 2019 Women in Print Awards
R+D
Job Log
Big Picture - October 2019 - Intro
Big Picture - October 2019 - Big Picture - October 2019
Big Picture - October 2019 - Cover2
Big Picture - October 2019 - Contents
Big Picture - October 2019 - Insight
Big Picture - October 2019 - 3
Big Picture - October 2019 - Wide Angle
Big Picture - October 2019 - 5
Big Picture - October 2019 - 6
Big Picture - October 2019 - 7
Big Picture - October 2019 - Upfront
Big Picture - October 2019 - 9
Big Picture - October 2019 - 10
Big Picture - October 2019 - 11
Big Picture - October 2019 - 12
Big Picture - October 2019 - 13
Big Picture - October 2019 - 14
Big Picture - October 2019 - 15
Big Picture - October 2019 - 16
Big Picture - October 2019 - 17
Big Picture - October 2019 - Extreme Vinyl
Big Picture - October 2019 - 19
Big Picture - October 2019 - 20
Big Picture - October 2019 - 21
Big Picture - October 2019 - Let’s Ride
Big Picture - October 2019 - 23
Big Picture - October 2019 - 24
Big Picture - October 2019 - 25
Big Picture - October 2019 - 26
Big Picture - October 2019 - 27
Big Picture - October 2019 - 28
Big Picture - October 2019 - 29
Big Picture - October 2019 - Wrap Like a King Winners
Big Picture - October 2019 - 31
Big Picture - October 2019 - 32
Big Picture - October 2019 - 33
Big Picture - October 2019 - 34
Big Picture - October 2019 - 35
Big Picture - October 2019 - The 2019 Women in Print Awards
Big Picture - October 2019 - 37
Big Picture - October 2019 - 38
Big Picture - October 2019 - 39
Big Picture - October 2019 - 40
Big Picture - October 2019 - 41
Big Picture - October 2019 - 42
Big Picture - October 2019 - 43
Big Picture - October 2019 - 44
Big Picture - October 2019 - 45
Big Picture - October 2019 - 46
Big Picture - October 2019 - 47
Big Picture - October 2019 - 48
Big Picture - October 2019 - 49
Big Picture - October 2019 - R+D
Big Picture - October 2019 - 51
Big Picture - October 2019 - 52
Big Picture - October 2019 - 53
Big Picture - October 2019 - 54
Big Picture - October 2019 - 55
Big Picture - October 2019 - Job Log
Big Picture - October 2019 - Cover3
Big Picture - October 2019 - Cover4
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