Austin American-Statesman

Court voids Texas law limiting roadside signs

Content-based rules violate free speech, appeals court says.

- By Chuck Lindell clindell@statesman.com

A state appeals court has overturned a law that allowed Texas officials to regulate signs along highways and interstate­s, saying key sections of the 1972 Texas Highway Beautifica­tion Act violate free speech rights.

Limits on outdoor advertisin­g, the legacy of efforts by Lady Bird Johnson to reduce eyesores along the nation’s growing highway system, cannot be enforced because the law improperly regulates billboards and signs based on what they say, the Austin-based 3rd Court of Appeals ruled.

Signs, for example, are treated differentl­y if they relate to elections, advertise activities at a business or point to a scenic or historic attraction, the court said.

Such content-based restrictio­ns violate new standards created last year when the U.S. Supreme Court placed strict limits on when government­s can infringe on speech by regulating signs, billboards and related advertisin­g, the Texas court said.

The ruling, delivered Friday, arose from a fight over a sign supporting Republican Ron Paul’s presidenti­al campaign that was placed outside a Planet K shop in Bee Cave in 2011.

The Texas Department of Transporta­tion cited the sign as illegal, saying Planet K’s owner did not get the necessary state permit to display a sign along Texas 71. The agency also said the sign did not meet an exemption that allows political signs to be displayed without a permit

for 90 days before an election and 10 days afterward.

When Planet K’s owner, Michael Kleinman, refused to remove the sign, state officials took him to court, winning a judgment from state District Judge Timothy Sulak, who ordered that the sign be removed and imposed a $3,500 fine.

Kleinman appealed, arguing that the law violated his freedom of speech.

“It took us over five years of litigation to vindicate our First Amendment rights, but it was worth the wait,” Kleinman said. “The court got it right. Texas sign laws are unconstitu­tional.”

Meredith Parenti, Kleinman’s lawyer, said the ruling affirms the principle that “government cannot pick and choose its favorite topics of speech.”

“The ball is now in the Texas Legislatur­e’s court to rewrite the law so that it no longer infringes on citizens’ First Amendment rights,” Parenti said.

The ruling does not apply to city and county regulation­s that place limits on billboards and other outdoor signs.

The appeals court also left intact minor portions of the Highway Beautifica­tion Act, including regulation­s on roadside junk yards and limits on off-premises signs advertisin­g goods, services or merchandis­e along specified corridors, including U.S. 290 between Austin and Fredericks­burg.

State officials can appeal the ruling to the Texas Supreme Court.

“We are reviewing the decision and weighing our options,” said Kayleigh Lovvorn, spokeswoma­n for the state attorney general’s office.

The Texas law was passed in response to the U.S. Highway Beautifica­tion Act of 1965, a priority of then-President Lyndon B. Johnson that was overseen by his wife.

The U.S. law required states to regulate outdoor advertisin­g within 660 feet of interstate­s and high- ways that received federal money or risk losing 10 percent of road funding. Signs that were farther away but intended to be visible from the roads also had to be regulated.

The Texas law essentiall­y banned all advertisin­g in the 660-foot zone but added a number of exemptions, including signs in commercial or industrial areas that get a state-issued permit. Other exemptions allowed for-sale and forlease notices, safety warnings, signs advertisin­g activities taking place on a business’ property and political signs posted within 90 days of an election.

Violators could be fined $500 to $1,000 per day.

 ?? CONTRIBUTE­D ?? The court’s ruling, delivered Friday, arose from a fight over a sign supporting Republican Ron Paul’s presidenti­al campaign that was placed outside a Planet K shop in Bee Cave in 2011.
CONTRIBUTE­D The court’s ruling, delivered Friday, arose from a fight over a sign supporting Republican Ron Paul’s presidenti­al campaign that was placed outside a Planet K shop in Bee Cave in 2011.

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