Without including any facts or analysis in its opinion, the Eleventh Circuit vacated and remanded a March 31, 2015, decision by the District Court for the Southern District of Florida. According to the Eleventh Circuit, the district court must determine whether, under the June 18, 2015, Reed v. Town of Gilbert decision, the Town of Gulf Stream’s sign code constitutes either a facially content-based regulation, or a facially content-neutral regulation that “cannot be justified without reference to the content of the regulated speech, or that were adopted by the government because of disagreement with the message the speech conveys,” and therefore triggers strict scrutiny review.
O’Boyle v. Town of Gulf Stream, No. 15-13964, 2016 WL 4056394 (11th Cir. July 26, 2016)