Under the New York regulations, a sign on the premises of a business identifying the business can be displayed without a permit even adjacent to a highway, but a special permit is needed where the sign visible from the highway carries a different message. In enjoining enforcement while litigation on a permanent injunction is pending, the court said in part:
The State has not demonstrated a compelling interest for the Sign Laws' restriction on "off-premises" signs.... Plaintiff's trailer sign is apparently adjudged an "illegal sign" not because of its location on his property or its dimensions, but because of its content. It seems that a sign containing the same physical characteristics as Plaintiff's trailer sign but announcing the name of his business, "Acts II Construction, Inc.: Building Bridges for Jesus," would be allowed under the regulations. The Court cannot see how aesthetics and traffic safety are protected by a sign that displays the name of business, but are jeopardized by a sign of the same size and location that contains a religious message.... [T]he regulations are not narrowly tailored to achieve the ends that the regulations are intended to achieve.Alliance Defense Fund yesterday issued a release discussing the decision, including a photo of the disputed sign. (See prior related posting.)
UPDATE: In March 2009, ADF announced that "a favorable settlement with the New York Department of Transportation" that permits the sign to remain.