5th Circ. Upholds City Of Houston's Billboard Code

By Mike Cherney (September 29, 2009, 1:39 PM EDT) -- A federal appeals court has upheld a lower court's ruling that a Houston ordinance restricting commercial billboards does not violate the First Amendment.

The U.S. Court of Appeals for the Fifth Circuit upheld the ruling of the U.S. District Court of the Southern District of Texas on Monday and tossed an appeal lodged by RTM Media LLC, an outdoor advertising company, that protested the law's different treatment of commercial and noncommercial signs.

The Houston law banned commercial billboards that did not advertise a business situated at the same location as the billboard, the ruling said. The law did not impact noncommercial...

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