Burrows v. Town of DeWitt, 47 N.Y.2d 469 (1979)

A party challenging the constitutionality of a sign ordinance regulating commercial speech on its face must demonstrate that the restrictions are not permissible constraints on the location and manner of speech, and they must have standing to assert First Amendment overbreadth challenges related to noncommercial speech.

Summary

A group of businesses challenged the Town of DeWitt’s sign ordinance as unconstitutional. The New York Court of Appeals held that the businesses lacked standing to challenge the ordinance as overbroad concerning noncommercial speech, as they failed to show a direct interest in such speech. Regarding commercial speech, the Court found that the ordinance’s restrictions on freestanding and on-building signs were permissible constraints on location and manner, absent proof to the contrary. The Court also held that the amortization period was not impermissibly short. The Court modified the lower court’s order to declare the ordinance constitutional insofar as it regulates commercial speech.

Facts

An assemblage of business and commercial enterprises in the Town of DeWitt brought an action challenging the constitutionality of the town’s “sign ordinance.