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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.