News & Analysis as of

Local Ordinance First Amendment

Tucker Arensberg, P.C.

Federal Court of Appeals Rules Pennsylvania Borough’s Ordinance Regulating Political Yard Signs is Unconstitutional

Tucker Arensberg, P.C. on

In Camp Hill Borough Republican Ass’n v. Borough of Camp Hill, 2024 U.S. App LEXIS 11300 (3rd Cir., May 9, 2024), a three-judge panel of the United States Court of Appeals for the Third Circuit declared portions of Camp Hill...more

Sands Anderson PC

Severability Saves the Sign Ordinance

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Billboard companies have been persistent in challenging local zoning ordinances dealing with signs for many years now. In a case decided August 10, 2023, the Sixth Circuit Court of Appeals ruled in favor of Troy, Michigan, in...more

Bricker Graydon LLP

City of Austin, Texas v. Reagan Natl. Advertising of Austin, LLC - Loosening the First Amendment’s grip on governmental sign...

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Sign law is a historically convoluted and ever-evolving legal topic. The court system is continuously issuing decisions expanding and restricting the scope of the government’s authority to regulate signage in an attempt to...more

Best Best & Krieger LLP

U.S. Supreme Court Issues Two Decisions Impacting Local Sign Regulations and Flag Policies

Lawful or Landmine? Court Rules on First Amendment Snares - Municipalities throughout the country regulate signs and set policy for flag-flying on public property. Done right, these are lawful functions of local...more

Sands Anderson PC

Not Reading the Signs: Supreme Court Examines Outdoor Signs (Again)

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The US Supreme Court decided City of Austin v. Reagan National Advertising of Austin yesterday. The case got the Court back into deciding what kinds of outdoor signs can be regulated. You might think that driving down the...more

Keating Muething & Klekamp PLL

Ohio Supreme Court Strikes Down Billboard Tax as Unconstitutional

The Ohio Supreme Court recently struck down a billboard tax as unconstitutional in Lamar Advantage GP Co., LLC v. Cincinnati, Slip Opinion No. 2021-Ohio-3155.  The case evaluated an excise tax placed on the installing,...more

Perkins Coie

Anti-SLAPP Motion May Not Be Based on Speech Activities Merely Incidental to Asserted Claims

Perkins Coie on

An anti-SLAPP motion was properly denied because the claims for damages arose from breach of contract and tort actions, not from any protected First Amendment activity. Oakland Bulk and Oversized Terminal, LLC v City of...more

Best Best & Krieger LLP

Mobile Billboard Ordinance that Exempts Certain Vehicles is a Content-Based Regulation

Best Best & Krieger LLP on

Such Regulations are Subject to Strict Scrutiny, Ninth Circuit Rules - A city ordinance that prohibits parking mobile billboards on public streets, but exempts authorized emergency or construction-related vehicles, is a...more

Best Best & Krieger LLP

An Extraordinary Smackdown of an Ordinary Sign Ordinance

Court Invalidates Common Sign Ordinance on First Amendment Grounds - A federal appeals court cited the First Amendment in invalidating some portions of the City of Troy, Mich.’s sign ordinance that are very common to many...more

Seyfarth Shaw LLP

New Laws Enacted by the New York City Council Purport to Limit Landlord’s Rights Under Certain Leases

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On May 26, 2020, two bills recently passed by the New York City Council were signed into law by New York City Mayor Bill de Blasio. The new laws, among other things, restrict Landlord’s rights under existing commercial leases...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus on Philadelphia

Pay Equity: Philadelphia’s Salary History Ban Upheld by Third Circuit - The Third Circuit Court of Appeals rejected a First Amendment challenge by the Greater Philadelphia Chamber of Commerce to a city ordinance that...more

Parker Poe Adams & Bernstein LLP

Appeals Court Upholds Municipal Ban on Asking Applicants About Salary History

When looking for reasons to explain the persistent salary gap between male and female employees, worker advocates have focused on initial pay negotiations during the hiring process. If new female employees’ salaries are set...more

Cozen O'Connor

Third Circuit Upholds Philadelphia Wage History Ordinance

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On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any...more

Payne & Fears

You Can't Ask This: The Spread of Salary History Bans and What It Means for Employers

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A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Upholds Philadelphia Ban on Salary History Inquiries

In early February 2020, the Third Circuit Court of Appeals decided that a Philadelphia ordinance passed years ago could go into effect and that Philadelphia employers will no longer be able to ask job applicants about their...more

Littler

Third Circuit Lifts Preliminary Injunction and Green Lights Philadelphia’s Salary History Ordinance

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On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that...more

Troutman Pepper

Third Circuit Upholds Philadelphia's Salary History Ban

Troutman Pepper on

The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional....more

(ACOEL) | American College of Environmental...

Extending Fundamental Rights to Lake Erie?

An interesting legal battle is playing out in the United States District Court for the Northern District of Ohio over whether the City of Toledo’s establishment of a “Lake Erie Bill of Rights” passes constitutional muster. ...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Farrell Fritz, P.C. on

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Lawsuit Challenges Dallas Paid Sick Leave Ordinance

On July 30, 2019, a lawsuit was filed in the U.S. District Court for the Eastern District of Texas seeking to enjoin the City of Dallas’s paid sick leave ordinance, which is set to take effect on August 1, 2019. The lawsuit,...more

Foster Garvey PC

Short-Term Rental Update: Sonder now worth $1 billion after its latest funding round; commercial tax rate could quadruple...

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Sonder Reaches Unicorn Status - ("Airbnb competitor Sonder says after new funding round it’s now worth $1B," Real Deal - LA Real Estate News on Jul 11, 2019) Congratulations is well-deserved for Sonder, which just...more

Proskauer - California Employment Law

“Bikini Baristas” Ordered to Cover-Up

The 9th Circuit court of appeals has enforced the City of Everett, Washington’s Dress Code Ordinance and amendments to the Lewd Conduct Ordinances. These ordinances require employees of “Quick-Service” facilities to cover...more

Buchalter

New Life For A Dormant Defense: Do Proposition 65 Warnings Violate The First Amendment?

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Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more

Foster Garvey PC

Short-Term Rental Update: HomeAway and Airbnb lose the battle against Santa Monica; Blueground gains traction

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HomeAway and Airbnb Lose the Battle Against Santa Monica - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories on Mar 13, 2019) On March 13, the Ninth Circuit ruled against HomeAway and...more

Perkins Coie

Ordinance Prohibiting Short-Term Rentals Did Not Conflict with Federal Policies Promoting Development of the Internet

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The Ninth Circuit held that a local ordinance prohibiting short-term vacation rentals (such as those available on Airbnb and other websites) did not conflict with Congressional policies fostering development of the Internet...more

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