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<br />("Historically, courts have been reluctant to allow governing authorities to base zoning <br /> <br />ordinances on esthetic considerations."); White Bear Docking & Storage, Inc. v. City of <br /> <br />White Bear Lake, 324 N.W.2d 174, 177-78 (Minn. 1982) (holding that aesthetic <br /> <br />considerations "will not be the sole justification for approval or denial" of a project in a case <br /> <br />involving a special use permit) (intemal quotation marks and citation omitted). <br /> <br />Finally, even accepting the City's premise that internally lit signs would be <br /> <br />"inappropriate for the industrial character" of District 7, and that this type of aesthetic <br /> <br />regulation is pennissible, the Sign Code still lacks any rational basis. Local ordinances must <br /> <br />be reasonably related to their stated purpose, Wheeler, 722 N.W.2d at 334, and the extemal <br /> <br />lighting requirement is not. For although intemallighting is not permitted forfreestanding <br /> <br />signs in District 7, such lighting is permissible for wall signs with this district. Sign Code <br /> <br />tbl. 1.7 <br /> <br />7 To the extent that the City justifies the external lighting requirement based on its conclusion <br />that "that the purpose ofthe signage allowed in District 7 was not to attract the attention of <br />customers, but to provide directional and locational information," the restriction also raises <br />serious First Amendment concerns, because it amounts to a content-based restriction. See <br />Prolife Minnesota v. Minnesota Pro-Life Comm., 632 N.W.2d 748,753 (Minn. App. 2001) <br />(noting that "[cJontent-based restrictions on speech survive First Amendment strict-scrutiny <br />analysis only if they are necessary to serve a compelling state interest and are narrowly <br />drawn to achieve that end"). Clear Channel did not previously assert a First Amendment <br />claim because it was not aware of this content-based rationale, which the City eXplained for <br />the first time in discovery responses served on April 7, 2008. In the event that the Court <br />disagrees with Clear Channel, and concludes that summary judgment is not appropriate, <br />Clear Channel will likely seek to amend its Complaint in this regard. <br /> <br />21 <br />