The town of Sedona has a zoning ordinance that prohibits lighted signs in store windows. The zoning plan was written in order to maintain Sedona's Western feel. Art Walden operates a turquoise jewelry store in Sedona and has placed a 12" x 6" electric sign in his window that reads "Open," which he lights when he is open for business. Art has been served with a violation of the zoning law. Which of the following best describes this situation?
A) The zoning prohibition on lighted signs is a violation of First Amendment rights of the store owners.
B) The prohibition on lighted signs is a form of a taking because the owners cannot advertise their businesses.
C) The zoning restriction will be upheld because of its purpose and limited scope.
D) Commercial speech enjoys greater protection under zoning laws and cannot be eliminated through absolute restrictions such as this.
Correct Answer:
Verified
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