Title
Sign Code Update Discussion of Applicable Court Cases
Recommended Action
Information only. No action requested.
Report
Issue:
Discussion of significant and relevant court cases and decisions that affect the approaches used in the draft update of the Olympia Sign Code.
Staff Contact:
Joyce Phillips, Senior Planner, Community Planning and Development, 360.570.3722
Presenter(s):
Joyce Phillips, Senior Planner, Community Planning and Development
Daniel P. Kenny, Attorney, Ogden Murphy Wallace
Background and Analysis:
The City of Olympia has not updated its sign code in several years. Staff had an interest in updating it, to make it easier to understand and administer. In June 2015, the United States Supreme Court issued a decision related to temporary signs in the Reed et al v. Town of Gilbert, Arizona (Reed v. Gilbert) case, which provided direction to cities, towns, and counties regarding regulation of signs in regard to content and freedom of speech.
In August 2017, the Ninth Circuit Court of Appeals issued an opinion in a related case, holding that Reed v. Town of Gilbert does not extend to commercial speech. There are also other pertinent cases that apply to signs, some of which are specific to signage in Washington State.
The City contracted with Ogden Murphy Wallace and BERK Consulting to update the sign code.
The City developed and worked with a group of stakeholders to discuss and provide input on policy issues around how issues should be addressed in a new sign code. The Advisory Committee discussed temporary and permanent signs, commercial and non-commercial signs, and the applicable court cases. In early July the first public draft of the new sign code was published on the city's website.
Neighborhood/Community Interests (if known):
Comments received to date have varied. Some people are interested in increasing the type, number, and sizes of signs allowed. Some people are interested in having less temporary commercial signage al...
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