1988

Adams Outdoor Advertising v. City of Newport News

Supreme Court of Virginia

236 Va. 370, 373 S.E.2d 917

City Council adopted an ordinance to regulate outdoor advertising and to require the removal of non-conforming billboards within 180 days. Adams filed a declaratory judgment action alleging the ordinance was unconstitutional as it abridged freedom of speech, impaired vested rights, was an unlawful exercise of police power, and was a taking without just compensation. The trial court ruled for the City and denied the requested relief. The Supreme Court reversed and entered final judgment. The ordinance banned noncommercial messages on signs otherwise permitted for commercial messages. This created an impermissible preference for commercial speech over noncommercial speech, and violated the First Amendment and the Virginia Constitution.

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