Signs and Business Development

The vast majority of the following information comes from what was formerly posted on the Small Business Administration website, beginning in 2000 in the “Starting Your Own Business” section. You can read how it occurred at http://chta.org/2000/09/15/isa-signage-foundation-signs-web-agreement-with-sba/Unfortunately, some egos in sign-industry leadership irked the SBA, and it was taken down. Ideally, sometime in the near future, […]

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How do the First and Fourteenth Amendments affect regulation of my business sign?

First Amendment protections guarantee some of our most basic freedoms, including freedom of speech and assembly, freedom of the press, and freedom of religious expression. The U.S. Supreme Court has ruled that the Fourteenth Amendment to the Constitution makes the First Amendment’s federal constitutional guarantees enforceable against actions of state and local government. Thus, a local […]

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How will my business sign be regulated?

Signage is regulated through the following two categories: Building and electrical codes The construction, installation, and operation of any permanent business sign will need to conform to all applicable building and electrical codes. Because compliance with these codes requires specialized technical expertise, a business owner should specify that conformity to these codes is the responsibility […]

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Understanding the Value of Signage

There is an old axiom that the three keys to successfully selecting real estate are “location, location and location”. The three keys that guide the successful selection and development of commercial properties are Visibility, Accessibility and Parking. An effective, on-premise sign is a critical component of visibility, and the sign should receive the same careful […]

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Trademarks and Logos – Federal Preemption (Lanham Trademark Act)

The Lanham Trademark Act, at 15 U.S.C. 1121, prohibits states, and their political subdivisions, from requiring alteration of federally registered names, marks and colors where included within the registration. The decisions in two recent federal cases concerning the Lanham Act have split on whether the Act preempts a local government’s ability to foreclose the display […]

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Fourteenth Amendment Application to Sign Control

Fourteenth Amendment Application to Sign Control Under the Fourteenth Amendment, applicable to the states and their subdivisions, a state or local-government regulation may not deprive any person of life, liberty or property without due process of law, nor deprive a person of equal protection of the laws. Due process. A fundamental requirement of due process […]

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First Amendment Application to Sign Control

The Fourteenth Amendment makes the First Amendment’s freedom-of-speech provision applicable to states and their political subdivisions. While many sign codes begin as content neutral “time, place, and manner” regulations (or “police power” exercises), further analysis often reveals the ordinance violates First Amendment “free speech” guarantees. Even in cases where the subject ordinance is not per se […]

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Fifth Amendment Application to Sign Control

The Fifth Amendment applies to the states through the Fourteenth Amendment. It contains two guarantees: The “due process” clause, as in the Fourteenth Amendment, protects citizens from government action that arbitrarily deprives them of a fundamental right without due process of law, and it applies to both the act itself and the procedures incidental to […]

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Signage Sourcebook (2003)

US Small Business Administration’s Guide for Sign Use.   01_cover 02_forwrd_acknwl_&_contents 03_science_intro 04_science_chapt_1 05_science_chapt_2 06_science_chapt_3 10_science_chapt_7 11_science_chapt_8 12_value_intro 13_value_chapt_1 14_value_chapt_2 15_value_chapt_3 16_value_chap_4 17_value_chapt_5 18_value_chapt_6 19_value_chapt_7 20_legal_intro 21_legal_chapt_1 22_legal_chapt_2 23_legal_chapt_3 24_legal_chapt_4 25_legal_chapt_5 26_legal_chapt_6 27_legal_chapt_7 28_legal_chapt_8 29_legal_chapt_9 30_legal_chapt_10 31_legal_chapt_11 32_legal_chapt_12 33_policy_intro 34_policy_chapt_1 35_policy_chapt_2 36_policy_chapt_3 37_policy_chapt_4 38_policy_chapt_5 39_policy_chapt_6 40_policy_chapt_7 41_policy_chapt_8 42_policy_chapt_9 43_policy_chapt_10 44_policy_chapt_11 45_policy_chapt_12 46_policy_chapt_13 47_glossary 48_index

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