SIGN ORDINANCES AND RESTRICTIONS

Local governments often enact ordinances that prohibit residents from placing all or certain types of signs on buildings, land and even billboards. Supporters of such ordinances argue that they prohibit "clutter" in neighborhoods and contribute positively to maintenance of property values. Critics of such ordinances, however, view them as unreasonable restrictions on residents' freedom of speech rights, guaranteed by the First Amendment to the United States Constitution and Article I, Section 7 of the Pennsylvania Constitution.

To address these differing views, courts have generally developed a balancing approach. Local governments are vested with broad authority to pass reasonable regulations that protect the health, safety and welfare of their residents. Courts have recognized that this broad authority includes enactment of certain types of sign ordinances. On the other hand, courts will not permit municipalities to completely eclipse the free speech rights of residents. Accordingly, REALTORS® and other individuals have successfully challenged many restrictive ordinances.

In addition to restrictions placed upon the display of signs by municipal governments, homeowners' and condominium associations, and their boards, often prohibit the display of certain signs through restrictive covenants contained in deeds to real property or by action of the association's board of directors. Unfortunately for REALTORS® and residents, these restrictions are more difficult to challenge because they are created by private parties rather than municipal governments. The Federal and Pennsylvania Constitutions generally protect citizens only from governmental action. Therefore, REALTORS® and residents have been generally unsuccessful thus far in using the First Amendment or the free speech provisions of the Pennsylvania Constitution to attack privately created sign restrictions.

Find more information including case summaries of challenges to municipal sign ordinances, case summaries of challenges to privately created sign restrictions, opinion of counsel, and information on the successful challenge to the Philadelphia sign ordinance.