In December, the International Sign Association (ISA) held a webinar that rounded up some of the recent sign code-related court cases. The one currently pending before the Supreme Court—City of Austin v. Reagan National Advertising of Texas—could have cataclysmic implications for the sign industry. The webinar offered some potential outcome scenarios and what the decision would mean for sign producers. The webinar was presented by David Hickey, VP, Advocacy, for ISA; Michael Wardle, Senior Vice President and General Counsel for YESCO, a 100+-year-old sign manufacturing company; and Nicole Bergstrom, President of SmithCraft Custom Architectural Signs.

First, the webinar ran through some background on the criteria that courts have used when ruling on sign code cases.

One of the most basic regulatory distinctions when it comes to signage is between on-premise and off-premise—and it’s a distinction that has been around for more than a century. On-premise signage is signage advertises activities conducted or products made and/or sold on the same property of as the sign. Off-premise signage is signage that advertises activities or products that are conducted or offered on property other than where the sign is erected. Billboards are an emblematic example of off-premise signage, as are various kinds of temporary directional signs that advertise things like yard sales, 5Ks, flea markets, job fairs, or other events.