Does an Inflatable Rat Constitute a Sign?
DeAngelo argued that the ordinance, which does not define “sign,” does not make clear what it prohibits and that a rat balloon that is devoid of any lettering or markings cannot qualify as a sign. However, Rodriguez found that the ordinance clearly and unambiguously prohibits “balloon signs or other inflated signs” whose purpose is “attracting the attention of pedestrians and motorists.” He also consulted a dictionary definition of “sign” and found that “the rat balloon at the location of union handbilling was clearly a sign carrying a symbolic message of a labor protest.” Rodriguez also pointed out that the union reinflated the balloon after being specifically informed by the police officer that it violated the ordinance.
