Legal Opinion

Kopcial v. Virginia Department of Alcoholic Beverage Control

Roanoke County Circuit Court

Decided November 15, 1999No. Case No. CH97-567Published

1Opinion of the Court

By Judge Robert p. Doherty, Jr.

Kopcial is charged with violating state law by displaying on premises, permanent, lighted, three-dimensional advertising of the brands of beer that he sells in his tavern. He argues that the signs in question are works of art and are therefore exempt from regulation. In the alternative, he claims that the statutes limiting his interior advertising are unconstitutionally vague and that they infringe upon his freedom of speech. An administrative hearing officer found that Kopcial’s use of certain neon beer signs and other items advertising beer in his bar was…

2Cases cited7 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. City of Lakewood v. Plain Dealer Publishing Co.Supreme Court of the United States · 1988
  3. Johnston-Willis, Ltd. v. KenleyCourt of Appeals of Virginia · 1988
  4. School Bd. of County of York v. NicelyCourt of Appeals of Virginia · 1991
  5. Adams Outdoor Advertising v. City of Newport NewsSupreme Court of Virginia · 1988

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