COM 0454.020 1996-1998 - Laserfiche WebLink

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S l9 N. W .2d 243 Page ~ (Cite as: 519 N.W,2d 243,'247) proper use of governmental power to protect aze not adequate as to her based on an assertion of substantial governmental interests if the protection is lack of time and/or money. The trial coon noted reasonable and narrowly tailored. appellant's position on this issue but properly found that these alternative means of communication are in [4] The requirement of narrow tailoring is addition to the posting of one opinion sign at any satisfied if the regulation promotes a substantial time and additional opinion signs during the election government interest that would be achieved less season. Cf. Gowazd, 456 N.W.2d at 468 (a total effectively absent the regulation. Rock Against ban on one form of political expression, namely, Racism, 491 U.S. at 799, l09 S.Ct. at 2758. The lawn signs, was unconstitutional). regulation need not be the least restrictive or leas[ intrusive means of furthering the government's Reasonable regulation and the reasonable use by a interests. Id. at 798, l09 S.Ct, at 2757-58. governmental entity of police power is as essential to the first amendment and frce speech as the right Because the ordinance allows appellant to post at of frce speech itself. Concededly, the framers of least one opinion sign, which can contain multiple our United States Constitution and its Bill of Rights messages, on one or multiple issues, at any time of mandated the judiciary to scmtinize the exercise of the yeaz, it is reasonably and narrowly tailored. The governmental police power. But the framers also ordinance contains a modification for election assumed that the exercise of some police power was season. The City can reasonably conclude that the reasonable, did happen, that it would happen, and concerns for aesthetics and public safety are served that i[ would be essential in a democracy. The by the one sign (multiple message) limit that is in complete absence of regulation and a total lack of effect most of the year. The City can also police power is the definition of anarchy, of chaos. reasonably conclude that the balance shifts in favor With anarchy the right to put downs or hundreds of of fewer limitations during the short election season. signs on one's lawn would be for naught since See Gowazd, 456 N.W.2d at 464 (only the anyone disagreeing would simply walk into your narrowest range of restrictions should be imposed by yard, knock them over, and if you attempted to the city on political speech, the core of first rebuild them, simply stay on the lawn and knock amendment protection). We find no merit in them over again. appellant's assertion that [he City's reasons for the ordinance are pretexmal. The City of New Brighton's amended ordinance balances the City's inherent substantial interest in Alternative channels of communication. aesthetics, residential home value, visual clutter, and traffic hazards with the right of its residents to [5] To be constitutionally valid, a regulation must express opinions on nonpolitical, political, and not impair the speaker's ability to convey a message business-oriented issues. to the desired audience. Gowazd, 456 N.W.2d at 467-68. Alternative channels of communication DECISION must exist and must be adequate. Taxpayers for Vincent, 466 U.S, at 812, 104 S.Ct. at 2132. Here, This New Brighton sign ordinance does not appellant can present one or more opinion messages violate first amendment principles of frce on one sign on her property at any time, and expression. The trial court properly granted multiple signs with multiple messages during the summary judgment in favor of the City. election season. This satisfies the requirement of alternative channels of communication. Although Affirmed. we do not rest our decision on this point, we agree with the trial coon's observation that, in addition to END OF DOCUMENT the signage and the multiple messages, there are alternative means to express opinions such as handbills, picketing, and letters. '248 Appellant argues these additional means of communication--handbills, picketing, and letters-- Copr. o West 1996 No claim to orig. U.S. govt. works