Court backs sign law

By JOHN THOMPSON
jthompson@TheCitizenNews.com

Wednesday’s court ruling by Superior Court Judge Paschal English made Fayette County Commission Chairman Greg Dunn a happy man.

“This is the third time our [sign] ordinance has been ruled constitutional,” he said Thursday.

English ruled on a temporary restraining order and injunction filed by Curtis Coffey, Wayne Charles and Tanner Advertising Group against the county for enforcing certain provisions of the ordinance.

In his ruling, English said that some elements of the ordinance would have to be further evaluated.

One of the items that must be stricken from the ordinance is the sentence “such sign may not be used to direct the public to a place or event at a location other than the location upon which the sign is posted.” English said the sentence was unconstitutional because it can apply to noncommercial speech.

The judge also said the county needs to look at several content-based exceptions or restrictions in the ordinance. Specifically, he said window signs cannot prohibit the name of the business or advertising copy.

Other issues English said the county needs to look at are content on banners, flashing signs, sidewalk signs and door signs.

In his closing comments, English wrote that all other aspects of the ordinance are constitutional and the original intent of the ordinance to “protect the aesthetics of the community and to protect traffic safety” would still be maintained.

“We are certainly going to take the judge’s orders under consideration. We were already looking at other elements of the ordinance,” Dunn said.

One of the plaintiffs in the case wanted to erect eight billboards around the county. But unless the ruling is appealed, Dunn said the county’s aesthetic look will be maintained.

“We don’t think the community needs more billboards and I think the cities are already trying to address this,” he added.


		Friday, July 22, 2005