Skip to comments.Federal Court: You Can Fight City Hall and Win
Posted on 07/25/2011 10:41:12 AM PDT by 92nina
...What did the 360 square foot sign, which was visible from two interstates, say?
End Eminent Domain Abuse
Roos, a member of the Missouri Eminent Domain Abuse Commission, had been fighting the city since 2007, when he painted the sign to protest aggressive land-taking by the city government of St. Louis.
The initial ruling from the district court held that the city ordinance was content-neutral and therefore acceptable on its face, and Mr. Roos work was a classic example of a sign.
However, the panel of the appeals court found that the ordinance did discriminate based on content, and that it was not supported by a compelling state interest. Thus, Mr. Roos is protected by the first amendment, and the sign may stay up.
This ruling is encouraging for multiple reasons. First, it tells property-owners that city governments may not normally impose content-specific rules on how they can exercise their first amendment rights using their own property. Also, it sends a message to governments that if they try to use local laws to silence activists fighting their abuse of eminent domain, courts will intervene.
Either way, this ruling is a victory for liberty.
(Excerpt) Read more at propertyrightsalliance.org ...