Reed v. Gilbert, No. 08-17384

In a First Amendment challenge to a municipal sign regulation that prohibited all signs without a permit, subject to nineteen enumerated exemptions ranging from directional signs to ideological and political signs, a denial of a preliminary injunction is affirmed in part where the regulation was content-neutral and did not impermissibly favor commercial speech.  However, the order is remanded in part where the district court did not address plaintiff's claim that the ordinance unfairly discriminates among forms of noncommercial speech.

Read Reed v. Gilbert, No. 08-17384

Appellate Information

Argued and Submitted April 15, 2009

Filed November 20, 2009

Judges

Opinion by Judge McKeown

Counsel

For Appellants:

Benjamin W. Bull, Jeremy D. Tedesco, Alliance Defense Fund, Scottsdale, AZ

David A. Cortman, Alliance Defense Fund, Lawrenceville, GA

For Appellees:

Robert Grasso, Jr., Kim S. Alvarado, Grasso Law Firm, P.C., Chandler, AZ