Broke A** Phone Sign Not Obscene Nor Immoral

(December 10, 2019) Broke Ass Phone (“BAP”) will be able to put its registered federal trademark on its sign in Broadman, Ohio, following an appellate court reversal of a denial of its application for the sign because it contained an obscene word or word of immoral character.

A zoning inspector for Broadman Township in Ohio denied the request for the sign. The denial was upheld by the zoning board and trial court. BAP appealed arguing that the denial violates its First Amendment right to free speech.

The Ohio appellate court agreed that the township had a legitimate governmental interest in preventing residents from being exposed to obscene, pornographic, or immoral signs and billboards. However, “[T]he problem arises here with the word ‘ass.’ Does restricting the use of the word ‘ass’ on the Broke Ass Phone sign prevent Broadman’s residents from being exposed to obscene, pornographic, or immoral words or statements?” the appellate court wrote.

When the word is placed in context, the appellate court said it was neither obscene nor immoral. Rather, ‘ass’ has become part of an adjective in present-day speech. In the context before the court “the sign is simply advertising that the company will fix your ‘really badly broke phone.’”

The appellate court also noted that no one was offended enough by the proposed use to attend the public hearing or voice an objection.

Because prohibiting the sign would not advance a substantial governmental interest, the township violated BAP’s First Amendment rights.

Broke Ass Phone v. Broadman Township Zoning Board of Appeals, Seventh Appellate District of Ohio Mahoning County, No. 18 MA 0115