First Amendment Litigation / Sign Law

Improper government interference with the freedom of speech is far too common. For example, city and county sign ordinances often micromanage the content of the messages citizens and organizations can post on signs. This defect and several others are commonly found in local sign codes. Such sign regulations run afoul of state and federal constitutional protections. Sign restrictions may also be invalid based on statutory, procedural, or due process grounds. Since 1997, the lawyers at Webb, Klase & Lemond have worked to develop America's foremost litigation practice specializing in the law of signs. Our cases have involved everything from small political signs to interstate-fronting billboards to spectacular signs in some of the country's most visible areas. We have pursued numerous cases in the state and federal courts from coast to coast. If you are dealing with a sign-related legal issue, chances are we have previously handled an identical or similar matter. Please give us a call to discuss.

NOTEWORTHY CASES

Coffey v. Fayette County (Georgia Supreme Court and Georgia Court of Appeals) - Represented resident who was issued citations for displaying political signs in his front yard. Obtained three reversals from the Georgia Court of Appeals and Supreme Court. Decisions published at 610 S.E.2d 41 (Ga. 2005), 631 S.E.2d 703 (Ga. 2006), and 656 S.E.2d 262 (Ga. Ct. App. 2008). Case settled in 2008.

Tinsley Media, LLC v. Pickens County (United States Court of Appeals) - Obtained order reversing decision of district court and holding that Sign Ordinance was unconstitutional. Decision available at 2006 WL 2917561 (11th Cir. Oct. 12, 2006). Case settled in 2007.

KH Outdoor, LLC v. City of Trussville (United States Court of Appeals) - Invalidated unconstitutional ordinance and upheld damage and fee award. Decisions published at 458 F.3d 1261 and 465 F.3d 1256 (11th Cir. 2006).

The Lamar Company, LLC v. City of Marietta (United States District Court) - Obtained order invalidating an unconstitutional ordinance of the City of Marietta. Decision available at 538 F. Supp. 2d 1366 (N.D. Ga. 2008). Case settled in 2008.

Eller Media Co. v. City of Roswell (Georgia Supreme Court) - Obtained order of contempt against city and its mayor for threatening billboard advertisers. Order upheld by Georgia Supreme Court in decision published at 566 S.E.2d 659 (Ga. 2002). Action for damages in federal court settled in 2002.

Horizon Outdoor, LLC v. City of Industry (United States District Court) - Sign ordinance for the City of Industry invalidated. Court ordered City to pay attorney fees and costs. Settlement achieved.  Decision published at 228 F. Supp. 2d 1113 (C.D. Cal. 2002).

Tinsley Media, LLC v. City of Woodstock (Superior Court) - Obtained order allowing several outdoor advertising signs to be posted. Settlement entered in 2009.

Clear Channel v. City of Roswell (Superior Court) - Obtained order in 2009 reinstating several permits to allow electronic LED display to be operated.

Trinity Outdoor, LLC v. Oconee County (United States District Court) - Sign moratorium declared invalid.  Decision reported at 2003 WL 25301942 (M.D. Ga. May 21, 2003). Trial held and verdict and judgment returned awarding sign permits, damages, and attorney fees and costs. Final decision reported at 2004 WL 5026733 (M.D. Ga. May 20, 2004).

SMD, LLP v. City of Chamblee (Superior Court) - Sign ordinance for the City of Chamblee invalidated.   Several sign permits issued and a settlement of damages and attorneys' fees obtained.

SMD, LLP and Liability Limited, Inc. v. City of Roswell (Superior Court) - Sign ordinance for the City of Roswell invalidated.   Several sign permits issued and all attorneys' fees and costs paid by City.   Appeal dismissed and decision upheld by Georgia Supreme Court in 2000.

OTHER NOTEWORTHY DECISIONS:

Roma Outdoor Creations, Inc. v. City of Cumming, 599 F. Supp. 2d 1332 (N.D. Ga. 2009); NTY, LLC v. City of Gainesville, 2008 WL 3853412 (N.D. Ga. Aug. 13, 2008); Roma Outdoor Creations, Inc. v. City of Cumming, 558 F. Supp. 2d 1283 (N.D. Ga. 2008); Action Outdoor Advertising II, LLC v. Lumpkin County, 543 F. Supp. 2d 1334 (N.D. Ga. 2008); Covenant Media of Illinois, LLC v. City of Des Plaines, 496 F. Supp. 2d 960 (N.D. Ill. 2007); Bill Salter Advertising, Inc. v. City of Brewton, 2007 WL 2409819 (S.D. Ala. Aug. 23, 2007); Bill Salter Advertising, Inc. v. City of Brewton, 486 F. Supp. 2d 1314 (S.D. Ala. 2007); Advantage Media, LLC v. City of Hopkins, 408 F. Supp. 2d 780 (D. Minn. 2006); Tanner Adver. Group, LLC v. Fayette County, 451 F.3d 777 (11th Cir. 2006) (en banc); Lockridge v. Village of Alsip, 2005 WL 946880 (N.D. Ill. Apr. 18, 2005); Covenant Media of Illinois, LLC v. City of Des Plaines, 2005 WL 2277313 (N.D. Ill. Sept. 15, 2005); Covenant Media of Illinois, LLC v. City of Calumet City, 2005 WL 2035608 (N.D. Ill. Aug. 19, 2005); Advantage Media, LLC v. City of Hopkins, 379 F. Supp. 2d 1030 (D. Minn. 2005); Covenant Media of Illinois, LLC v. City of Des Plaines, 391 F. Supp. 2d 682 (N.D. Ill. 2005); Lockridge v. Village of Alsip, 2005 WL 946880 (N.D. Ill. April 18, 2005); Lockridge v. Village of Alsip, 2005 WL 670632 (N.D. Ill. March 22, 2005); Prime Media, Inc. v. City of Franklin, 2004 WL 5026263 (M.D. Tenn. Nov. 8, 2004); Horizon Outdoor v. City of Industry, 2003 WL 25575126 (C.D. Cal. April 7, 2003); SMD, LLP v. City of Roswell, 555 S.E.2d 813 (Ga. App. 2001).

NOTEWORTHY SETTLEMENTS

City of Brewton, Alabama; City of Pelham, Alabama; Baldwin County, Alabama; City of Culver City, California; City of Industry, California; City of Lawndale, California; City of Lomita, California; City of South Gate, California; City of Bradenton, Florida; City of Plant City, Florida; City of Pompano Beach, Florida; Okaloosa County, Florida; City of Albany, Georgia; City of Alpharetta, Georgia; City of Atlanta, Georgia; City of Austell, Georgia; City of Brunswick, Georgia; City of Buford, Georgia; City of Canton, Georgia; City of College Park, Georgia; City of Conyers, Georgia; City of Covington, Georgia; City of Cumming, Georgia; City of Doraville, Georgia; City of Douglasville, Georgia; City of Emerson, Georgia; City of Flowery Branch, Georgia; City of Forest Park, Georgia; City of Jonesboro, Georgia; City of Kennesaw, Georgia; City of Lawrenceville, Georgia; City of Marietta, Georgia; City of Morrow, Georgia; City of Mountain City, Georgia; City of Norcross, Georgia; City of Riverdale, Georgia; City of Oakwood, Georgia; City of Pooler, Georgia; City of Port Wentworth, Georgia; City of Richmond Hill, Georgia; City of Roswell, Georgia; City of Smyrna, Georgia; City of Sugar Hill, Georgia; City of Suwanee, Georgia; Town of Thunderbolt, Georgia; City of Valdosta, Georgia; City of Watkinsville, Georgia; City of Winder, Georgia; City of Woodstock, Georgia; Barrow County, Georgia; Cobb County, Georgia; Dawson County, Georgia; Fayette County, Georgia; Forsyth County, Georgia; Glynn County, Georgia; Habersham County, Georgia; Houston County, Georgia; Lumpkin County, Georgia; Oconee County, Georgia; City of Hayden, Idaho; Village of Alsip, Illinois; City of Calumet City, Illinois; City of Oak Forest, Illinois; City of Markham, Illinois; Village of South Holland, Illinois; City of Greendale, Indiana; City of Henderson, Nevada; Village of Lockland, Ohio; Village of Obetz, Ohio; Borough of Quakertown, Pennsylvania; City of Franklin, Tennessee; City of Cedar Hill, Texas; City of Mesquite, Texas.