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Tuesday, October 13, 2015

Ind. Courts - Marion County sign ordinance challenged in federal court

There has been interest in the lawsuit filed last week by GEFT OUTDOOR, LLC against Marion County. From the complaint:

Through this lawsuit, among other things, GEFT seeks to enjoin the Defendant from further restraining GEFT's First Amendment rights through continued application of the unconstitutional provisions of Defendant's Sign Ordinance (defined infra). Those provisions are content-based and suppress constitutionally protected political, noncommercial, and commercial speech on signs throughout the City, and have since at least 1995.
The 30-page GEFT Complaint argues, inter alia, that the sign ordinance, the digital ban, and the highway digital ban violate the free speech clauses of the 1st amendment of the US Const., and Art. I, Sec. 9 of the Indiana Constitution, as well as the equal protection clause of the 14th amendment and Art. I, sec. 23 of the Indiana constitution. The accompanying 36-page GEFT brief supporting its motion for preliminary injunction is the more interesting reading.

Scott Olson of the IBJ had a good story on the law suit Oct. 9 - access it here.

In February Brian Easton of the Indianapolis Star had a very long story headed "Digital billboards under glare of ethics concerns in Indy." The lede:

A proposal to bring the bright lights of digital billboards to Indianapolis is flickering under a glare of scrutiny.
The story was also linked in this Feb. 17, 2015 ILB post.

Here is the SCOTUSblog case page on Reed v. Town of Gilbert, last term's SCOTUS opinion relied on in the GEFT filings.

Here are two related ILB posts:

Posted by Marcia Oddi on October 13, 2015 01:59 PM
Posted to Indiana Courts | Indiana Government