Luce v. Town of Campbell, Wisc.

Dist. Ct. did not err in granting defendants-city officials’ motion for summary judgment in plaintiffs’ section 1983 action alleging that portion of City ordinance, that banned all signs displayed on overpasses on Interstate 90 that ran through City violated plaintiff’s First Amendment rights. Ordinance was content-neutral and imposed only time, place and manner limitations. Moreover, while plaintiffs asserted that First Amendment allowed them to place signs anywhere in City, instant ordinance was justified as means to lower risk of traffic collisions caused by drivers slowing down to read signs. Fact that defendants had failed to present empirical studies to support said justification did not require different result. Ordinance, though, was overbroad to extent that it applied to 100-foot extended buffer zone on either end of overpasses, since defendants failed to justify instant ban on signs within buffer zone that were not large enough to attract drivers’ attention. As such, remand was required to allow defendants to present justification for said ban.