PC: Fox 11 Online
NEENAH, WI (WTAQ-WLUK) – In the wake of a federal lawsuit challenging the city’s sign ordinance, a revised ordinance will be presented to a city committee Tuesday.
The proposed sale of the former Shattuck Middle School into residential apartments and other living spaces had been opposed by some neighbors. Yard signs opposing the redevelopment reading “Don’t Rezone Shattuck Middle School Leave R1 Alone” have been posted by some people. The city issued notices, demanding the signs be removed by Feb. 8. Timothy and Megan Florek, with the help of the Wisconsin Institute for Law and Liberty, filed suit in federal court, seeking to have the ordinance overturned. The city voluntarily stopped enforcement of the ordinance, although a federal judge later issued a formal order stopping Neenah from taking action while the lawsuit continues.
According to the memo to the mayor and council from City Attorney David Rashid and Deputy Director of Community Development Brad Schmidt, the city’s current sign ordinance was adopted in 1977 and most recently updated on 2010. Since then, the lawsuit “identified several inconsistencies with a recent U.S. Supreme Court decision (Reed vs. Gilbert) which prohibits the regulation of signs based on their content, unless such is merely and wholly incidental to it.”
The current code, for example, regulates yard signs differently then real estate. But the court rulings mean “regulations must be content neutral and only be regulated by their size (height and area), location (location within a district and location on a property), or sign construction (material),” the memo states. “The proposed amendments are intended to eliminate the First Amendment discrepancies, however, a full re-write of the sign code is expected in 2024.”
The Plan Commission meets at 4:15 p.m. in the Houser Room of the City Administration Building. If endorsed, the full city council could vote on the ordinance next week.
As for federal lawsuit, the attorneys have a Nov. 13 deadline to file motions in the case.
In anticipation of the city adopting the new ordinance, Neenah has asked for the federal case to be dismissed. The plaintiffs oppose the request, noting nothing has been decided.
In May, Judge William Griesbach said the case appeared to be one which would be decided on written legal briefs, so he did not schedule a jury trial. There is no specific timeline for a decision to be released.
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