Kentucky Appeals Court Upholds Billboard Limits Applied To Religious Messages

In Harston v. Commonwealth of Kentucky, (KY App., March 4, 2011), the Kentucky Court of Appeals upheld the application of the permit requirements of Kentucky's Billboard Advertising Act to several billboards carrying religious messages that were placed within 660 feet of an Interstate highway. The court rejected the argument that the signs come under the statute's exception for advertising of on-premise activities.  Petitioners contended that the exception applies "because the signs promote Christianity which is occurring on the family farms where the signs are located." The court also rejected petitioners' challenge under the Religious Land Use and Institutionalized Persons Act, finding that the Act promotes a compelling governmental interest using the least restrictive means. (See prior related posting.)