State v. J & J Painting

In State v. J & J Painting, 167 N.J. Super. 384, 400 A.2d 1204 (App.Div.1979), the Court upheld an ordinance prohibiting contractors' signs in residential districts. The defendant-contractors claimed that the ban on posting their business signs at homes on which they were performing work violated their rights to free speech and equal protection. Id. at 385-86, 400 A.2d 1204. The Court rejected this argument: "The ordinance regulation is a reasonable one and, fundamentally, simply prohibits the carrying on of a purely commercial activity in a residential zone restricted against such uses--long a valid zoning proscription." Id. at 386, 400 A.2d 1204. The Court concluded that the prohibition "serves legitimate municipal zoning functions in the protection of real estate values and considerations of aesthetics." Id. at 386-87, 400 A.2d 1204.