In another legal blow to Big Billboard, the Second U.S. Circuit Court of Appeals has upheld New York City's prohibition of commercial off-premises billboards along the city's major highways.
The city has had such a ban since 1940, but has had a weak record on enforcement. The Court of Appeals ruled that spotty enforcement in the past does not preclude the city from enforcing the prohibition now. The court also rejected the argument by Clear Channel and other large billboard companies that New York violated the First Amendment by prohibiting highway billboards while allowing smaller signs elsewhere in the city.