Hooray for these courts striking down a blatantly unconstitution city government attack on free speech!
CINCINNATI – The village of Glendale, a suburb of Cincinnati, enacted an ordinance banning residents from posting "For Sale" signs on cars parked on public property. In an 8-7 split decision, the 6th U.S. Circuit Court of Appeals reversed previous federal district court and three-judge appeals panels, and found that the ordinance violates constitutionally protected commercial speech rights.
Glendale resident and lawyer Chris Pagan, sued the village of Glendale. He was threatened with a fine in 2003 if he did not remove the for sale sign from a car he owned. He sued on the basis that the ordinance violated his First Amendment rights.
The village of Glendale made the typical argument: They claim their ordinance is a traffic safety issue. Many cities excuse this unconstitutional law by claiming that people who stop to inspect a car for sale in a public roadway might be injured.
Many cities have similar ordinances which ban washing or repairing vehicles in the street.
Unfortunately a minority of the 6th U.S. Circuit Court of Appeals judges had no problem with denying people their right to post a for sale sign, claiming "The act of selling a car in a public street invites prospective buyers into the road to examine the car, and common sense supports a ban on such acts."
The dissenting judges pointed out more than 200 similar ordinances in the four states - Ohio, Michigan, Kentucky and Tennessee - from which the 6th Circuit hears appeals.
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