Thursday, June 30, 2022

Portable Sign Ban Violates First Amendment

 In LaCroix v. Town of Fort Myers Beach, Florida, (11th Cir., June 28, 2022), the U.S. 11th Circuit Court of Appeals preliminarily enjoined a town's ban on all portable signs. The ordinance was challenged by plaintiff who was cited for carrying a sign on a public sidewalk that conveyed his "religious, political and social message" that Christianity offers hope and salvation. The court said in part:

The Ordinance’s ban on portable signs is content-neutral. But portable, handheld signs still are a rich part of the American political tradition and are one of the most common (if not the most common) methods of free expression. The ban on these signs leaves the residents of Fort Myers Beach without an effective alternative channel of communication; it very likely violates the First Amendment.

WINK News reports on the decision.