Planning and Zoning for First Amendment-Protected Land Uses
You'll learn about:
Different types of First Amendment protections in land use regulations and recent trends in the law.
How to avoid possible First Amendment violations in land use regulation, including how they may regulate land use through content-neutral zoning.
Planning tips to better position municipalities to defend against First Amendment claims.
This session will provide planners with an understanding of the different types of First Amendment issues that can arise in land use regulation. Attendees will learn how the Supreme Court’s decision in Reed v. Town of Gilbert affects First Amendment issues in land use beyond sign regulation. The program will: (a) provide an overview of the different types of First Amendment issues in land use about which planners should be aware (i.e. religion, adult uses, speech); (b) review some common pitfalls for planners dealing with these issues; (c) discuss the types of claims that can be brought for violations of First Amendment protections; (d) provide tips as to how planners can avoid First Amendment violations in land use regulations, such as through content-neutral zoning regulations; and (e) discuss ways in which municipalities may defend against First Amendment claims if all else fails.