Ct. of Appeals vacated Dist. Ct’s order that entered preliminary injunction against defendant-City regarding its enforcement of its billboard regulations that prohibited some billboard signs from being erected within City limits. Dist. Ct. based its order on strict scrutiny test as set forth in 5th District Court of Appeals case in Reagan, 972 F.3d 696. However, U.S. Supreme Court, in recent decision in same Reagan case, 142 S.Ct. 1464, found that intermediate scrutiny test applied to regulations that are similar to regulations at issue in instant case. Moreover, Supreme Ct found that fact that City must read sign to evaluate its conformity with City regulation is not alone determinative as to whether regulation singles out topic or subject matter for differential treatment. As such, Ct. of Appeals remanded instant case for new consideration by Dist. Ct under intermediate scrutiny test.
Federal 7th Circuit Court
Civil Court
First Amendment