City of Fayetteville v. S & H, INC.

I fully concur in that part of the majority opinion

which upholds that portion of the ordinance prohibiting flashing or blinking signs; but I am compelled to express my disagreement with the remainder of the majority’s holding and opinion.

In order that my position be made as clear as possible, I feel it is appropriate that some additional background be set out.

Appellees brought thjs proceeding against the City of Fayetteville seeking a declaratory judgment that Fayetteville City Ordinance 1893, as amended, is void on its face and as applied to them. The ordinance is a comprehensive sign…