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BROWN v. TOWN OF CARY

No. 11-1480.

706 F.3d 294 (2013)

Dawn D. BROWN, in her capacity as Administratrix of the Estate of William David Bowden, Plaintiff-Appellee, v. TOWN OF CARY, Defendant-Appellant. The North Carolina League of Municipalities; Virginia Municipal League; Municipal Association of South Carolina; Virginia Association of Counties; International Municipal Lawyers Association; Scenic America, Inc., Amici Supporting Appellant, The North Carolina Institute for Constitutional Law, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 22, 2013.

Attorney(s) appearing for the Case

ARGUED: Elizabeth A. Martineau , Martineau King PLLC, Charlotte, North Carolina; William D. Brinton , Rogers Towers, PA, Jacksonville, Florida, for Appellant. Mark Russell Sigmon , Graebe Hanna & Sullivan, PLLC, Raleigh, North Carolina, for Appellee. ON BRIEF: Lisa C. Glover , Town of Cary, Cary, North Carolina, for Appellant. Katherine L. Parker, American Civil Liberties Union of North Carolina Legal Foundation, Raleigh, North Carolina, for Appellee. Patrick H. Flanagan , Cranfill, Sumner & Hartzog, Charlotte, North Carolina; Randal R. Morrison , Sabine & Morrison, San Diego, California; John M. Baker , Greene Espel PLLP, Minneapolis, Minnesota; Dana K. Maine , Freeman Mathis & Gary, LLP, Atlanta, Georgia, for Amici Supporting Appellant. Jeanette K. Doran , Executive Director and General Counsel, North Carolina Institute for Constitutional Law, Raleigh, North Carolina, for Amicus Supporting Appellee.

Reversed and remanded by published opinion. Judge DIAZ wrote the opinion, in which Judge NIEMEYER and Judge COGBURN joined.

OPINION

DIAZ, Circuit Judge:

The Town of Cary, North Carolina (the "Town"), appeals the district court's invalidation of its municipal sign ordinance as it applied to resident William David Bowden ("Bowden"). The district court held that the ordinance was a content based constraint on Bowden's First Amendment rights. We disagree. Because the ordinance regulates speech for reasons independent of content, it is a content neutral restriction subject to intermediate...

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