Willson v. City of Bel-Nor, No. 18-1753 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit reversed the district court's denial of plaintiff's motion to preliminarily enjoin enforcement of Bel-Nor's Ordinance 983, which restricts the number of signs displayed on private property. The court held that Ordinance 983 is a content based restriction that is not narrowly-tailored to achieve the compelling government interests of government safety and aesthetics. The court held that the ordinance is also facially overbroad; plaintiff was likely to succeed on his First Amendment claim; and the district court erred in denying the motion for a preliminary injunction. Accordingly, the court remanded for further proceedings.
Court Description: Benton, Author, with Melloy and Kelly, Circuit Judges] Civil case - Civil rights. The City of Bel-Nor's ordinance limiting the number of signs which can be displayed on private property is a content-based regulation; the interests the city advances for the ordinance - traffic safety and aesthetics - are not compelling, and the ordinance cannot satisfy strict scrutiny; the ordinance is also facially overbroad; as plaintiff was likely to succeed on his First Amendment challenge, the district court erred in denying his motion for a preliminary injunction to enjoin enforcement of the ordinance.
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