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Minks v. City of Neenah

Constitutional Rights, Free Enterprise

The WMC Litigation Center filed this lawsuit in April 2023 on behalf of four City of Neenah residents and taxpayers. This lawsuit challenges Neenah’s highly restrictive and anti-business sign ordinance on First Amendment free speech grounds. This lawsuit challenged seven provisions in the city’s sign ordinance: (1) a ban on “advertising vehicles,” (2) a ban on “off-premises signs,” (3) a one-sign limit for lawn signs, (4) a 30-day limit for lawn signs, (5) a permit requirement for certain signs, (6) a ban on “offensive” signs near an athletic field, and (7) a ban on pre-election-campaign political signs. When Neenah revised its sign ordinance in October 2023, it repealed the ban on offensive signs and the ban on pre-election-campaign political signs, but it left the other five challenged provisions intact.
In May 2024, the Winnebago County Circuit Court struck down all five of those provisions for violating the First Amendment right to free speech. Because this lawsuit raised federal constitutional claims, the court also awarded attorney fees under 42 U.S.C. § 1988 to the WMC Litigation Center. Courts rarely award attorney fees, so the WMC Litigation Center’s attorney-fee award was significant.

Why This Case is Important

As the United States Supreme Court has explained, signs are a form of speech protected by the First Amendment to the U.S. Constitution. Like other local governments, the City of Neenah had a sign ordinance that was highly restrictive of speech. Neenah’s ban on “advertising vehicles,” for example, prohibited a vehicle from being parked where its signage would be visible from a street. So, for instance, the city ordinance would prohibit a plumber from parking his work van in his driveway or even in his garage if the name of his plumbing company were visible from a street. This court victory will allow Neenah residents and businesses to express their views and advertise their services through signs. This case may also encourage other municipalities in Wisconsin to review and revise their sign codes as needed.

Court:

Winnebago County Circuit Court

Case No.:

Winnebago County Case No. 2023CV258

Stage:

Case closed

Our Involvement:

The WMC Litigation Center filed and litigated this lawsuit.
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