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B. L. Brereton v. Holladay City Corporation (2002)

15 May 2002 Published in Resolved Cases

Commercial Speech and Free Expression - On May 16, 2002, Holladay became the second city in Utah to repeal an ordinance making it illegal to “park or operate a vehicle upon any roadway for the principal purpose of … displaying such a vehicle for sale … or displaying advertising.” The Holladay City Council chose to get rid of the unconstitutional law after the ACLU of Utah and cooperating attorney Brian Barnard filed a lawsuit on behalf of Salt Lake City resident B. L. Brereton, claiming that the Holladay ordinance violated First Amendment rights to commercial speech on public streets and was unconstitutionally vague because it lacked “written polices, rules or regulations for determining when a vehicle is being operated for the ‘principal purpose’ of displaying advertising.”

In February, Brereton, Showing Animals Respect and Kindness (SHARK), and California-based Mobile Media On the Go sued Salt Lake City over a nearly identical ordinance (see Mobile Media On the Go v. Salt Lake City Corporation), and that case was settled out of court after the city repealed its law.

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