Could Blacksburg businesses put name-and-address flags on sidewalk lamp posts in a highway right-of-way?

Plain-English summary

Blacksburg's police department asked whether businesses could attach flags with their names and addresses to sidewalk lamp posts. The AG assumed the posts and flags were within a highway right-of-way. On that premise, it concluded the flags were prohibited if visible from the highway's main-traveled way.

The statute barred a sign in that location, and its definition of sign included a display or message designed to advertise or inform. The AG treated the business flags as fitting that definition. Its answer depended on both the assumed location and visibility from the road.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could a town permit business flags on lamp posts within a highway right-of-way? A: The AG said the described flags would fall under the sign prohibition when visible from the main-traveled highway.

Q: Why did a flag with a business name count as a sign?
A: The quoted definition covered displays and messages intended to advertise or inform, which described the business flags.

Q: Did the opinion decide the rule for flags outside the right-of-way? A: No. Its analysis assumed the flags and posts were within the highway right-of-way.

Background and statutory framework

The opinion applied South Carolina's right-of-way sign restriction and its broad definition of sign to the proposed sidewalk display. The placement and road visibility were essential to the answer.

Citations and references

The opinion quoted S.C. Code Ann. § 57-25-10 and S.C. Code Ann. § 57-25-120(3).

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-17-2007-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/starnes-z-b-9-17-07-os-8453-business-owners-post-flags-on-sidewalk-lamp-posts.pdf

Original opinion text

September 17, 2007

Lieutenant Z. B. Starnes
Blacksburg Police Department
Post Office Box 517
Blacksburg, South Carolina 29702
Dear Lieutenant Starnes:
In a letter to this office you indicated that the Blacksburg city council is considering allowing business owners in the corporate limits of Blacksburg to post flags with the business name and address on them on lamp posts on the sidewalk. I presume that these flags and the lamp posts are within the highway right-of-way. You questioned whether such practice would constitute a violation of S.C. Code Ann. § 57-25-10 which states “[i]t is unlawful for a person to display, place, or affix a sign, as defined in Section 57-25-120(3), within a right-of-way and visible from the main-traveled way of the highway.” A “sign” is defined by S.C. Code Ann. § 57-25-120(3) as “...an outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, or any part of the advertising or its informative content.” When interpreting the meaning of a statute, certain basic principles must be observed. The cardinal rule of statutory interpretation is to ascertain and give effect to legislative intent. State v. Martin, 293 S.C. 46, 358 S.E.2d 697 (1987). Typically, legislative intent is determined by applying the words used by the General Assembly in their usual and ordinary significance. Martin v. Nationwide Mutual Insurance Company, 256 S.C. 577, 183 S.E.2d 451 (1971). Resort to subtle or forced construction for the purpose of limiting or expanding the operation of a statute should not be undertaken. Walton v. Walton, 282 S.C. 165, 318 S.E.2d 14 (1984). Courts must apply the clear and unambiguous terms of a statute according to their literal meaning and statutes should be given a reasonable and practical construction which is consistent with the policy and purpose expressed therein. State v. Blackmon, 304 S.C. 270, 403 S.E.2d 660 (1991); Jones v. South Carolina State Highway Department, 247 S.C. 132, 146 S.E.2d 166 (1966). Section 57-25-10 prohibits the display or placement of a sign within a highway right-of-way that is visible from the highway. Included in the definition of a “sign” is a “display” or “message” “designed...to advertise or inform”. In the opinion of this office, a flag containing a business name

Lieutenant Starnes
Page 2
September 17, 2007
and address placed on a lamp post that is within the highway right-of-way and that is visible from the main-traveled way of the highway would come within the prohibition of Section 57-25-10 and would not be permitted. If there are any questions, please advise. Sincerely, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General