Please ensure Javascript is enabled for purposes of website accessibility

Content Discrimination

By: Derek Hawkins//August 22, 2016//

Content Discrimination

By: Derek Hawkins//August 22, 2016//

Listen to this article

7th Circuit Court of Appeals

Case Name: Construction and General Laborers’ Local Union No. 330 et al v. Town of Grand Chute, Wisconsin

Case No.: 15-1932

Officials: WOOD, Chief Judge, and POSNER and EASTERBROOK, Circuit Judges

Focus: Content Discrimination

Township did not allow Union proper amount of time to remove signs on public highway.

“Finally, the Union contends that the Town has allowed other speakers 30 days to remove structures that violate the ordinance, while it insisted that the Union remove the rat and cat immediately. Yet again the district judge did not decide whether this contention is true. The Union put in the record some printed notices that the Town has used, and these notices indeed say: “All cited violations shall be corrected within 30 days after written notification”. One notice has a handwritten addition changing 30 days to 48 hours, but others left the form as is. A Town employee testified that the printed notice is wrong and that there is no 30‐day grace period. It may be, as the Town contends, that allowing such a delay would undermine the ordinance unduly. Still, if the Town does allow other speakers more time than it allowed the Union, it has engaged in content discrimination. The district court needs to make findings about the Town’s actual enforcement practices—unless this controversy is moot.”

Vacated and remanded

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests