09-13-07 A-4229-05T3
The focus of this appeal is the enforceability of a
municipal ordinance that prevents the display of a large balloon
in the shape of a rat during a labor dispute. We hold that the
ordinance, which does not affect the parties' rights in the
labor dispute, is not preempted by the National Labor Relations
Act (NLRA), 29 U.S.C.A. § 151-69, nor does it abridge any
party's freedom of expression. The ordinance is not void for
vagueness. It is content-neutral and the record does not
support a claim that it was selectively inferred.
Judge Sabatino dissents in part. He perceives a lack of
content neutrality in the ordinance because it allows balloon
grand opening signs.
