City Of Ladue v. Gilleo

512 U.S. 43 (1994)

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Nature of the Case

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Facts

Gilleo (P) owns a single-family home in a subdivision. On December 8, 1990, she placed a sign on her front lawn with the words 'Say No To War in the Persian Gulf, Call Congress Now.' The sign was 24' by 36'. The sign was stolen and then knocked down. The police advised P that such a sign was prohibited in Ladue. The City Council denied her petition for a variance. P then filed an action under 42. U.S.C. Section 1983 against the City, Mayor, and City Council alleging that the sign ordinance violated her First Amendment right of free speech. The district court issued a preliminary injunction against enforcement of the ordinance. P then placed an 8.5 by 11-inch sign in her second story window stating, “For Peace in the Gulf.” The city enacted a new ordinance with a new section called a 'Declaration of Findings, Policies, Interests, and Purposes.' This stated that the ordinance was made to prevent ugliness, visual blight, and clutter that tarnishes the natural beauty of the landscape as well as impairs values and substantially impinges upon the privacy and special ambiance of the community (or thereabout). P challenged the new ordinance by amending her complaint. The District Court held the ordinance unconstitutional, and the Court of Appeals affirmed; content-based regulation. The Court of Appeals held that while D’s interest in enacting the ordinance was substantial, it was not sufficiently compelling to support a content-based restriction. The Supreme Court granted certiorari.