Fed. Dist. Court in NY Finds Village Sign Law Unconstitutional

LAW OF THE LAND

Plaintiff, a resident of the defendant Village of Perry, placed six signs along her property at 76 North Main Street protesting the construction of a parking lot for the Village’s library, one of which read: “LIBRARY PARKING LOT = QUARTER MILLION DOLLARS + SQUANDERED.” As a result, plaintiff was issued a Notice of Apparent Violation on February 24, 2015 from defendant Donald Roberts, the Village’s Zoning Enforcement Officer, which order the signage to be removed to avoid further legal action. Although plaintiff covered the signs with opaque bags and moved them away from the property line, she received a Notice of Violation. Plaintiff commenced an action alleging that the Village’s Sign Law, discriminated on the basis of sign content and granted enforcement of the law to the unfettered discretion of authorities, and was therefore facially unconstitutional. She also alleged that the Village’s selective enforcement of its Sign Law violated her…

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