© 2014 The Texas Lawbook.
By Natalie Posgate – (Jan. 13) – More than a decade ago as an assistant solicitor general, Meredith Parenti defended the constitutionality of statewide sign regulations that were part of the national Highway Beautification Act.
Now, she is ringing in the New Year by revisiting the act, this time arguing against its constitutionality, on behalf of an Austin area business owner who was ordered to pay $3,500 for displaying a Ron Paul poster in front of his store.
Parenti’s case, which the Third Court of Appeals in Austin is considering, has similar ties to a case that the U.S. Supreme Court heard Monday regarding an Arizona city ordinance that regulates religious signs.
It is important, she said, because it challenges current state regulations that she claims are a threat to core political speech one is entitled to in the First Amendment.
“[The regulations] really turn the First Amendment on its head,” Parenti said.
Current state regulations ban election-related signs from being displayed within 660 feet of interstate and primary state highways, except for 90 days before an election and 10 days after.
The Texas Department of Transportation can fine someone in violation of the time frame up to $1,000 per day the sign is displayed. TxDOT can also press criminal misdemeanor charges on the person displaying the sign in violation.
“Speech by election is drastically limited,” Parenti said, explaining that because so many different elections happen, “75 percent of the year, you cannot engage in this speech on state and interstate highways.
“Whereas if it’s speech involving ‘Eat at Joe’s’ or something else, you could put it up without any question all year long,” she said.
Parenti’s client, Michael Kleinman, is the owner of AusPro Enterprises, LP, which owns commercial property that borders Highway 71 West in Bee Cave, Texas. Many months before the May 2012 Republican primary election, Kleinman displayed a sign outside the building (currently occupied by a Planet K store) supporting Republican candidate Ron Paul.
Several days after Kleinman put up the sign, the Texas Department of Transportation told him it was illegal, and eventually filed suit against AusPro after Kleinman refused to take the sign down.
A Travis County district court ruled in TxDOT’s favor, ordering Kleinman to pay $3,500 in fines for violating the state regulations.
Parenti filed her appellate brief in December in the Third Court of Appeals. If the court grants oral argument, Parenti said it is likely to happen this spring.
Charlie Castillo, a spokesman in Texas’ Office of the Attorney General, declined to comment on what the state’s core legal arguments will be at appeal, only saying they will be included in Assistant Solicitor General Doug Geyser’s reply brief, which is due to the Third Court of Appeals by Feb. 9.
The case is one of a cluster that Parenti has taken on since leaving her associate position in the Houston office of Weil, Gosthal & Manges in 2013 and starting up Parenti Law last year with her husband, Mark Parenti, who practices criminal trials and appeals.
In addition to appellate work, Mrs. Parenti offers commercial litigation and bankruptcy law services to her clients.
Parenti said she got involved in Kleinman’s case after she ran into a friend in Austin who had him as a client.
“Nobody usually takes the time or money to challenge these kinds of [laws],” Parenti said, adding it takes “a special person who decides, ‘I believe in my First Amendment rights. I’m going to fight this.’
“We’re fortunate to have a client who strongly believes in his First Amendment rights,” she said.
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