Are sign regulations unconstitutional?

From Capital New York:

The Second Circuit Court of Appeals will allow a constitutional challenge to city zoning laws that regulate what kinds of signs can be displayed in a person's window.

The order on Friday stems from a federal suit filed by Brigitte Vosse, a fashion designer who owns a condominium in the Ansonia, an apartment building on Manhattan’s Upper West Side.

Vosse constructed an illuminated peace sign to hang from her 17th floor living room window in December 2010. In court filings, she claimed that the sign was part of her opposition to war and American military policy abroad and that the regulations violated her First Amendment rights.

In September 2011, Vosse was fined $800 and forced to remove the peace sign by the city’s Environmental Control Board, which found that it violated a zoning regulation banning signs at heights of more than 40 feet. The E.C.B. refused to rule on the constitutionality of the law.

Vosse then sued the city in federal court, arguing that the zoning policy “disparately preferred some groups of displayers to others,” since flags, banners, and pennants are allowed at the same height, according to Zoning Resolution Section 32-62.

The case against the city was dismissed in November 2013 by federal district court judge Jed Rakoff, who ruled that Vosse had no legal standing to sue. However, Rakoff did not rule on the constitutionality of the underlying zoning regulation.

Friday’s appellate court ruling upholds Rakoff’s dismissal of the case, but a three-judge panel ruled that the lower court must review whether the zoning laws are in violation of the First Amendment.

DSNY harassing innocent citizens with bogus tickets

From the NY Post:

Levy Zelishovsky, 72, received the avalanche of summonses at his Midwood office April 5 for supposedly illegally posting fliers advertising a moving company on public lampposts throughout Brooklyn. Each summons carries a $75 fine.

The problem, Zelishovsky said, is that he is not and never has been in the moving business.

It turns out that the mix-up occurred because the Department of Sanitation had apparently only done a reverse check on the phone number on the fliers, which led them to Zelishovsky.

The DOS said it has since learned that the phone number is Zelishovsky's old number, which he hasn't used since 2006.

Zelishovsky claims he's had the same phone number for 25 years and that he never owned the phone number on the flier.

He must still appear before a judge at the Environmental Control Board hearing April 29 to officially sort things out, although the DOS says it plans to write to the judge recommending that the summonses be voided.

Fight your tickets online

From Crains:

One small technological step for government may be a giant leap for aggrieved New Yorkers: Now you can upload evidence online when fighting parking tickets and other violations.

For several years, residents and small businesses have been able to dispute tickets online but unable to upload evidence to support their arguments. That meant that only incorrectly written tickets could be dismissed.

Now, those accused of violations can prove their case in court without having to leave their home or office. Mayor Michael Bloomberg and City Council Speaker Christine Quinn announced the new service at a press conference Monday.

“It's less work for us and less work for the citizens of this city,” Mr. Bloomberg said. “It's a win-win.”

No more having to dash out to a city finance center during your lunch break to convince a judge that your car wasn't parked in a bus stop or driving through a red light. No longer will businesses have to close shop for an afternoon to argue that the dirty sidewalk is someone else's responsibility.

Online hearings will allow New Yorkers to submit supporting materials, such as photos or other documents, with their written defense. Each case is reviewed by an administrative law judge, who will rule on parking tickets by email within 10 days and within a month for tickets that come under the purview of the Environmental Control Board.