PSEG Long Island LLC v. Town of North Hempstead
This case involves a constitutional challenge by PSEG Long Island LLC and LIPA against the Town of North Hempstead and its officials over Chapter 64B of the Town Code. The ordinance requires public utility providers to post warning signs on wooden utility poles treated with chemical preservatives, which the plaintiffs argue compels noncommercial speech in violation of the First Amendment. The Court determined that the ordinance regulates noncommercial speech, thus requiring strict scrutiny. Finding that the Town failed to demonstrate that the ordinance was narrowly tailored or that less restrictive means were unavailable to achieve its public safety objectives, the Court granted the plaintiffs' motion for summary judgment, permanently enjoining the enforcement of Chapter 64B, and denied the Town's cross-motion.