Case Scenario: City Enacted A City Zoning Ordinance That Barred Outdoor Advertising Display Signs

Case Scenario:  City enacted a city zoning ordinance that barred outdoor advertising display signs – including billboards – on all public roads within the city limits. Billboards on-site on any public or private business location are exempt from this ordinance, and thus, permissible.   City claimed the ordinance was necessary to promote public traffic safety and aesthetics.

Max, Inc., a company in the business of leasing commercial billboards to advertisers, and the primary billboard provider in City, sued City alleging the zoning ordinance is unconstitutional.

A. If you were the jury in this case, how would you rule on the constitutionality of the ordinance and why?

B.  If you were an attorney advising City, what would you advise them to claim is the most logical legal basis/constitutional authority for City to enact the ordinance and why?

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