STATE v. DeANGELO

A-73 September Term 2007

963 A.2d 1200 (2009)

197 N.J. 478

STATE of New Jersey, Plaintiff-Respondent, v. Wayne DeANGELO, Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 5, 2009.


Attorney(s) appearing for the Case

Andrew L. Watson, Princeton, argued the cause for appellant (Pellettieri, Rabstein & Altman, attorneys).

John V. Dember, Lawrenceville, argued the cause for respondent (Nerwinski, Dember & Fox, attorneys).

James Katz, Cherry Hill, argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Spear Wilderman, attorneys).

Annmarie Pinarski, Somerset, submitted a brief on behalf of amici curiae The American Federation of Labor and Congress of Industrial Organizations, The AFL-CIO Building and Construction Trades Department and The International Brotherhood of Electrical Workers, AFL-CIO (Weissman & Mintz, attorneys; Ms. Pinarski, Johnathan P. Hiatt, pro hac vice, James B. Coppess, Sue D. Gunter and Richard M. Resnick, Washington, DC, members of the District of Columbia bar, on the brief).

Albert G. Kroll submitted a brief on behalf of amicus curiae The New Jersey State American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) (Kroll Heineman, attorneys; Matthew P. Rocco, on the brief).


Justice WALLACE, JR., delivered the opinion of the Court.

The question presented is whether a municipal sign ordinance that prohibited all but a few exempted signs and that expressly prohibited "portable signs[,] balloon signs or other inflated signs (excepting grand opening signs)," can be applied to prohibit a union from displaying as part of its labor protest a large inflatable rat, a symbol of labor unrest. The union official who was in charge of the protest and...

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