Legal Question in Constitutional Law in South Dakota

Free Speech Rights on Private Property

My church is Directly adjacent to a fast food restaurant, with windows facing our back yard. Each time we step out of our back door, customers are watching us, our every move. Needless to say, this is not very comfortable. A couple years ago, we had some guys come from the city, when we were putting up a fence elsewhere, and check all of the property lines. We were actually told that the overhang on their window was 6 inches on our property, but we did not make a deal of it. With about 12-15 ft. of ground between our buildings, approx. 1 1/2 ft. is theirs. We recently placed a sign with large lettering telling our service times and quoting a Bible verse about 3 ft. from their window, facing into their business. We have received a complaint, and were told that we could not legally do that, even though it is completely on our property. I would like to know someone's legal opinion, on who is in the wrong, and I would appreciate any assistance. Thank You.


Asked on 7/29/02, 8:08 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Free Speech Rights on Private Property

Generally speaking, your church should be free to post such a sign. There are several possible factors that might apply in this instance, though, whoch would make the church's actions improper. For example, there could be a local ordinance which restricts the size and/or location of signs; as long as the ordinance doesn't discriminate based on the content of the sign or whose message it carries, it will probably be upheld. Also, if is possible that the deed on the church's real estate includes a limiting clause which prevents it from blocking the view from adjacent property or from erecting a sign so close to the property line. There might be other reasons why this can't be done.

Has the fast food restaurant explained why it believes the church can't place such a sign where it did? Unless they can point to a specific rule which is being violated, I don't see an issue here.

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Answered on 7/29/02, 8:15 pm


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