Fifth Circuit Court of Appeals Affirms City’s Sign Code Survives Intermediate Scrutiny
This post was authored by Tyler Doan, Esq.
Plaintiffs filed applications with the City of Austin to digitize existing traditional billboards and to upgrade signs with less sophisticated digitization. The Defendant denied their application because the signs would advertise for things not located on the site where the sign was installed. “In sum, off-premises signs could not be upgraded.”
A lawsuit ensued and the Sign Code was upheld in the district court and initially reversed in the Fifth Circuit as unable to survive strict scrutiny. The case was then appealed to the US Supreme Court. The Supreme Court held that…