Legal Question in Constitutional Law in Illinois

First amendment issue

Local authorities are preventing display of a 3'x 4' portable sign (on private property) advertising my services.

A license fee for signs and a business license is required by ordinance.

My property is zoned residential/commercial. A fee for the sign is outrageous alone. A business license would subject my home to periodic inspection by ''Nazi-Type'' local officials.

I reviewed the ordinance and decided to test it in areas not addressed. I placed the sign in the bed of my pick up truck parked at my driveway entrance. An official called and demanded immediate removal of the sign, or the police would be sent to remove it, arrest me and cause considerable fines.

I was tempted to defy the order, but restrained by my wife.

It's a minor issue, but I can't let it go. All my American instincts tell me that this ordinance is not right/legal.

QUESTIONS:

1. Does the city have the legal right to restrict my communication by sign...on my property?

2. Does the first amendment of the U.S. constitution make exceptions?

3. Do I have a viable cause for action?


Asked on 10/15/03, 12:20 am

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: First amendment issue

Without the benefit of research or knowing the muncipality in question, I can offer this much: commercial speech is protected less than non-commercial speech.

If, for example, you wanted to hang a sign inside or outside you home saying that the Mayor sucked or advocating voting for an opponent, I suppose any ordinance requiring its removal or license fee would be deemed unconstitutional. If, on the other hand, you hung a similar sign offering plumbing services, such an ordinancy may very well be upheld.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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Answered on 10/18/03, 11:16 pm


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