Zoning Law Prohibits Hanging Illuminated Peace Sign Out of Apartment Window

Condominium unit occupant at the Ansonia building on Manhattan’s Upper West Side sued the City of New York and DOB, claiming that a zoning restriction against illuminated signs higher than 40 feet above curb level violated her First Amendment rights. Tenant had placed an illuminated peace sign in her 17th floor apartment window. The city fined her $800 and ordered her to take down the sign. Tenant’s federal court action was dismissed by the Southern District court for lack of standing. The court also rejected tenant’s claim that the regulation was unduly restrictive of the time, place, and manner of her speech.

Tenant appealed and lost. The appeals court found that the city regulations governing illuminated signs were content-neutral restrictions consistent with the First Amendment because they were narrowly tailored to serve a significant government interest and leave open “ample alternative channels for communication.”

Vosse v. City of New York: Index No. 15-4052-cv, NYLJ No. 1202770063631 (2d Cir., 10/14/16; Lynch, Droney, C.JJ., Reiss, DJ)