DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101937P.pdf 07/13/2011 Neighborhood Enterprises, Inc. v. City of St. Louis
U.S. Court of Appeals Case No: 10-1937
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Gruender and Benton, Circuit Judges]
Civil case - Civil rights. Plaintiffs had standing to challenge the
constitutionality of provisions of the City of St. Louis's zoning code
which were used to deny their application for a sign permit; challenged
sign provisions of the zoning code were content-based restrictions, subject
to strict scrutiny review; the provisions were not narrowly tailed to
accomplish the City's asserted interests in aesthetics and traffic safety, and
those interest are not compelling; as a result, the challenged provisions of
the zoning code violate the Free Speech Clause of the First Amendment;
because the district court, in upholding the provisions, did not address the
issue of whether they were severable from the remainder of the code, the
matter must be remanded to the district court to permit it to address the
severability issue in the first instance.