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Zoning rules face constitutional challenge over political signs

September 17, 2024 | Kentwood City, Kent County, Michigan


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Zoning rules face constitutional challenge over political signs
During a recent government meeting, a significant discussion emerged regarding the constitutionality of a zoning rule related to political signs. The focus was on Chapter 5, Section 5.03, which restricts the display of political signs to one candidate per lot. A resident raised concerns based on a Supreme Court ruling from Arizona, which established that regulations on political signs cannot consider the content of the signs when determining their legality.

The resident argued that the current zoning ordinance violates the First Amendment's freedom of speech by imposing restrictions that require officials to read the signs to enforce the rule. This interpretation aligns with the precedent set in Reid v. Township of Gilbert, which mandates that content-based regulations face strict scrutiny. The resident emphasized that the ordinance does not meet the criteria for being narrowly tailored to serve a compelling interest, thus rendering it unconstitutional.

The discussion highlighted a personal experience where the resident faced a fine for displaying two signs for the same candidate, illustrating the practical implications of the zoning rule. The resident's assertion was that such limitations infringe upon their rights and called for a reevaluation of the ordinance.

The meeting concluded with officials acknowledging the concerns raised and indicating they would investigate the matter further. The resident was encouraged to leave their contact information for follow-up discussions.

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