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Jakanna Woodworks Inc. v. Montgomery County2/13/1997
elf-imposed time limits. See Lakewood, 486 U.S. at 770, 108 S. Ct. at 2151, 100 L. Ed. 2d at 791. Freedman requires that the time limitation be either explicitly stated in the ordinance itself or established by authoritative judicial construction. Freedman, 380 U.S. at 58-59, 85 S. Ct. at 739, 13 L. Ed. 2d at 654-55. Neither has been done with regard to Montgomery County's ordinance.
V.
The judgment of the Circuit Court for Montgomery County must be reversed. We hold that Chapter 30-10 is invalid as an overly broad regulation of commercial speech to the extent that the ordinance does not directly advance the County's stated interest and is more extensive than necessary to achieve the stated interest. Chapter 30-10 is also invalid as a prior restraint that (1) grants a governmental official unfettered discretion to suppress protected speech, and (2) fails to place an adequate limitation on the amount of time the official may take to determine whether to grant or deny a permit.
JUDGMENT OF THE CIRCUIT COURT FOR MONTGOMERY COUNTY REVERSED. COSTS TO BE PAID BY MONTGOMERY COUNTY.
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