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B. L. Brereton v. Taylorsville City Corporation (2002)

08 July 2002 Published in Resolved Cases

Commercial Speech, Free Expression - On May 31, 2002, commercial speech enthusiast and Salt Lake City resident B. L. Brereton filed the latest lawsuit in the ongoing quest to do away with an unconstitutional city ordinance prohibiting the posting of “For Sale” signs on private vehicles (see Mobile Media On the Go v. Salt Lake City Corporation and B. L. Brereton v. Holladay City Corporation). The case stemmed from several complaints from Taylorsville residents, including one man who received a citation when his car was parked at work because his employer didn't have a license to sell used cars.

As in the previous cases, the suit sought a permanent injunction against the ordinance and $1 in damages. At its July 2002 meeting, the Taylorsville City Council indicated it would repeal the unconstitutional ordinance. A court settlement requires that Holladay and Taylorsville pay Brereton’s legal fees and court costs. Brereton has agreed not to sue any other cities before September 1, 2002, giving any city with such an ordinance a chance to repeal the law.

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