NAZARETH, Pa.—Last night, the Nazareth Borough Council voted to repeal its ban on “for sale” signs on cars that are legally parked on the street. The vote comes less than five months after Nazareth resident Will Cramer, represented by the Institute for Justice (IJ), filed a federal First Amendment lawsuit challenging the ban.

“Yesterday’s decision to repeal this unconstitutional ordinance is a win for the First Amendment rights of all Nazareth residents,” said IJ Litigation Fellow Bobbi Taylor. “The government cannot block people from truthfully advertising something they’re trying to sell, and that’s exactly what the old ordinance did.”

In October 2023, Will was preparing for a move to the Philippines where he was going to teach English to school children. As part of the move, Will wanted to sell his 1987 Chevy Deluxe truck. After his online ads went nowhere, he put a “for sale” sign in the window of the truck, which was legally parked on the street in front of his home, like it always was. But because of the “for sale” sign, Will faced a criminal charge and a fine. So, in April 2024, he and IJ sued the borough over the ordinance.

“I’m glad the borough has done the right thing and repealed the law, so nobody else will have to worry about facing criminal charges for simply putting a ‘for sale’ sign in their car window,” said Will. “This case was always about making sure what happened to me doesn’t happen to anyone else in Nazareth.”

Under the old law, had Will’s sign been an advertisement for a business or a slogan for a political campaign or any other form of speech, that would have been perfectly legal. The only message that was illegal to display on a car was one that said “for sale.”

“It was clear from the beginning that this ordinance criminalized some forms of speech while permitting others, which is a clear violation of the First Amendment,” said IJ Senior Attorney Jeff Rowes. “We’re very happy that Nazareth has acknowledged the flaws with this old law and gotten rid of it.”

Nazareth’s other parking rules, which do not regulate speech, remain on the books. For example, the other part of the ordinance, which banned parking on the street for the purpose of greasing or repairing a vehicle, will continue to be enforced.

“Repealing this law shows that Nazareth can continue to ensure people are parking in safe ways that preserve public safety without violating the free speech rights of those who are looking to sell their vehicle,” said IJ President and Chief Counsel Scott Bullock.

Information provided to TVL by:
Dan King