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Suit Says County Sign Control Ordinance Is Unconstitutional

By Howard M. Friedman

A federal court challenge to a Berkeley County, South Carolina sign control ordinance was filed last week.  The complaint (full text) in Moultrie v. Berkeley County, South Carolina, (D SC, filed 10/5/2010), argues that by providing exemptions for political signs (as well as for "for sale" and "for lease" signs) but not for signs expressing religious messages, the county has violate the free expression, free exercise and equal protection rights of plaintiff who was cited after he failed to obtain permits for seven signs containing Biblical references that he placed on his own property. Plaintiff alleges that the county ordinance is a prior restraint, as well as an over-broad content-based regulation. Last week, the Rutherford Institute issued a press release announcing the filing of the lawsuit. Friday's Charleston (SC) Post and Courier reports on the case.

Full post as published by Religion Clause on October 11, 2010 (boomark / email).