CHICAGO (Dec. 9, 2014) – A sign ordinance in the village of Downers Grove is being challenged in federal court this week because it harms local businesses and violates business owners’ constitutional rights to free speech.

The village is forcing Leibundguth Moving & Storage Inc., which has been located in Downers Grove for 80 years, to paint over its more than 70-year-old hand-painted sign located on the back of its store building due to revised sign regulations. Because the sign faces the Metra railroad tracks and 12,000 commuters pass by the sign every day, the revised regulations could cost the business tens of thousands of dollars. The sign is not visible to any residential houses or roadways.

The historic sign causes no public safety risks and has drawn no complaints, but unless the court intervenes the business will have to paint over it. The owner, meanwhile, estimates he could lose up to $60,000 annually in revenue.

The village has denied requests by Robert Peterson, owner of Leibundguth, to either change the village’s sign ordinance or grant him a variance from it. Leibundguth is now teaming up with the Liberty Justice Center to challenge the village’s sign ordinance in court and protect the business owner’s constitutional right to free speech to advertise a lawful activity in a truthful manner.

“Leibundguth’s sign is not a threat to public safety, nor is it a nuisance to any business or residential community. The business and its sign have been important mainstays in Downers Grove for generations,” said Jeffrey Schwab, attorney for the Liberty Justice Center and legal counsel for Mr. Peterson and Leibundguth. “This ordinance imposes severe restrictions on signs, which not only unnecessarily infringe on free speech rights, but also harm small businesses. We urge the village council to revise this overly burdensome ordinance to better serve the residents of Downers Grove.”

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