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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Government

Date & Time
  • event Date

    Wednesday, September 28, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will discuss the constitutional basis and limits of local regulation of signs and billboards--digital or otherwise--as well as signage zoning laws related to everything from noise to strip clubs. The panelist will also discuss the effect of City of Austin v. Reagan National Advertising, decided by the U.S. Supreme Court on Apr. 21, 2022.

Faculty

Andrew T. Fede
Of Counsel
Archer

Mr. Fede has more than 30 years of legal experience practicing in Hackensack, New Jersey. His practice areas including appellate litigation, commercial and governmental civil litigation, municipal law, zoning and planning, real estate tax appeal,  labor and employment, employment and other forms of discrimination, wrongful termination, probate law, real estate law, and constitutional law. Mr. Fede has served as the attorney for the Boroughs of Bogota, Maywood, and Norwood, and for the Township of Mahwah. He has been the planning board attorney, zoning board attorney, library board attorney, and special counsel in six other New Jersey municipalities. Mr. Fede is a certified mediator in the New Jersey Superior Court mediation program for civil, general equity, and probate cases, is an arbitrator in the Bergen County Superior Court contract/commercial arbitration program, and has been appointed by several Superior Court judges to serve in cases as mediator, arbitrator, special master, and condemnation commissioner.

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Description

The U.S. Supreme Court's decision in Reed v. Town of Gilbert remains the cornerstone of sign ordinance jurisprudence, under which sign displays are speech protected by the First Amendment. City of Austin v. Reagan National Advertising, --U.S. -- (2022), clarified Reed, however, and rejected the view that every examination of speech or expression inherently triggers heightened First Amendment concerns.

At the same time, businesses and billboard companies have sought to expand the use of digital signs, which raises a host of issues related to safety and aesthetics. Opposition persists from environmental and scenic preservation groups, as well as traffic and safety organizations.

Counsel to local governments, businesses, traffic safety, and environmental organizations must be aware of the evolving trends in sign law and develop effective strategies for confronting the legal issues.

Listen as Andrew T. Fede, Of Counsel to Archer, analyzes the legal implications of sign ordinances and policies, examines the latest research findings, and outlines best practices for regulating signs and billboards. The panelist will discuss relevant court decisions and their implications for digital and traditional signs and billboards.

Outline

  1. Regulatory framework for regulating signs and billboards
  2. Contemporary signage technology and legal considerations
  3. Discussion of relevant case law
  4. Policymaking considerations for regulating digital signs and electronic billboards
    1. On private property
    2. On public property
    3. Revenue sharing opportunities
    4. Environmental concerns
  5. Best practices for regulating dynamic signs and billboards
    1. Complete ban
    2. Limits on text size, brightness, motion
    3. Duration rules: limiting the time of display
    4. Placement of signs
    5. Different regulations depending on the zoning district
  6. Applications of Reed to other types of law

    Benefits

    The panelist will review these and other high priority issues:

    • What types of speech face strict and intermediate scrutiny?
    • How did Austin v. Reagan change the if you have "to read it to regulate it" rule?
    • When is signage content neutral?
    • Does the off-site/onsite distinction matter?
    • What are the alleged safety and environmental risks of digital signs and billboards?