State v. Calabria
The Court held that Long Hill Township’s ordinance prohibiting neon commerical signs was an impermissible restriction on commercial advertising because there was no evidence of a "nexus between the aesthetics purposes and a total ban of neon." The Court vacated the lower court's decision finding the ordinance constitutional and also vacated defendants' convictions for violating the Township's ordinance.
Defendant business owners had signs on the inside of their stores illuminated by neon, which violated the Long Hill Township's ordinance regulating signs. The trial court upheld the constitutionality of the ordinance and found each defendant guilty of violating the ordinance. Defendants appealed their convictions.