MEMPHIS, Tenn. (AP) - A federal judge struck down a law regulating outdoor advertising in Tennessee, citing it as an unconstitutional restriction of free speech.
The Commercial Appeal reports (https://memne.ws/2nFWLP0 ) that U.S. District Judge Jon P. McCalla sided with Memphis billboard operator William H. Thomas Jr. and limited government advocates. They said the 1972 law improperly regulated speech based on content.
Supporters of the law argue that billboard restrictions protect property values and traffic safety, beyond aesthetics. The ruling cited a 2015 Supreme Court case that removed portions of a town’s sign ordinance in Arizona. It could have an impact in other states and clear the way for similar lawsuits, said William Brinton, an attorney who represented several pro-regulation advocacy groups.
Tennessee law mandates permits for most billboards built within 660 feet of highway right of ways. Thomas has had seven billboards removed for violating this law; one was on the right of way, and six did not have permits.
George R. Fusner is an attorney for Thomas. He declined to comment, describing the case as “ongoing.”
It was not immediately clear if the state Department of Transportation, which enforces the law, would appeal the ruling.
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Information from: The Commercial Appeal, https://www.commercialappeal.com
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