Just the biggening. Fate’s Authoritarian Signage Ordinance: Government Overreach at Its Finest
Fate prides itself on being a small-town community that respects property owners’ rights. The actual truth is that the city has complete control over what residents and business owners can and cannot display on their property. The city’s Unified Development Ordinance (UDO), specifically Section 8, places nearly every type of sign under the thumb of city bureaucrats. This regulation is so extensive that even a simple ‘Happy Birthday’ or “Welcome Home” banner on your porch is illegal unless the city grants permission.
The rule is simple: EVERYTHING is forbidden unless a permit is granted by the city. There are exceptions, which have literally nothing to do with the actual citizens, except for political signs, which are protected under state law. However, even that limited exemption was recently targeted by City Planner Ryan Wells, who has attempted to regulate political signage despite state protections. This move exemplifies Fate’s consistent overreach into private property rights and disdain for individual liberties.
What Does This Mean for Residents?
For homeowners, this means that a ‘No Soliciting’ or ‘No Trespassing’ sign on your front door is technically illegal without a permit. Posting a “Yard Sale” sign? Nope, illegal. Hanging balloons for your kid’s birthday? Sorry folks, that’s illegal too. Selling your house? Your Realtor better get a permit before putting in that “For Sale” sign with THEIR logo on it (That’s business advertising). Running a home-based business? Don’t even think about putting up a small sign advertising your services—Fate’s government will not issue a permit for it, no matter how much you’re willing to pay.
This level of micromanagement is not just bureaucratic red tape; it’s outright authoritarian. The city of Fate has effectively granted itself the power to dictate ALL speech on private property, an overstep that should alarm every resident who values their constitutional rights.
City Government Dodges Accountability
In an effort to get clarification on the ordinance, we reached out to City Manager Michael Kovacs. At first, he responded by providing a list of signs that are exempt from regulation. Unsurprisingly, none of the exemptions had anything to do with residents’ rights or business owners’ ability to operate freely. When we followed up with specific questions about the suppression of home business signs and personal messages, Kovacs stopped responding altogether. It seems the city’s leadership recognizes that defending this draconian policy is indefensible—so they’ve opted to say nothing instead.
On February 7th, the Fate Tribune asked Kovacs to respond to these specifics, which he has not responded to as of publication. We asked:
- A Realtor Sign on an extension arm & post.
- A 30” x 60” Banner that says, “Happy Birthday” on a front porch.
- Yard-staked letters that have a variety of messages such as, “Congratulations”; “It’s a Boy”; “Happy Birthday”; “Welcome home”.
- A Banner that hangs on a fence, wall, or between T-posts which states, “Grand Opening”.
- An 18” x 24” metal stake sign that says, “Yard Sale”.
- Groups of floating balloons that have no logos hanging from the mailbox.
- Sidewalk chalk logo or message.
- Parking sign, installed by the property owner.
- “No Trespassing”, “Beware of Dog”, “No Entry” types of signs.
- “For Rent” or “For Lease” signs or banners.
His silence speaks volumes.
The Facts About Section 8: Signage Ordinance
Under Fate’s current ordinance, the following are the only types of signage allowed without a permit:
- City Traffic Signals, Signs, and Similar Devices – Stop signs, speed limit signs, and directional signs installed by the city.
- Official Legal Notices – Public hearing notices, zoning change notifications, or other legally required postings.
- Public Warning and Service Signs – Road construction signs, flood zone markers, or fire lane signs installed by the city or an authorized entity.
- Interior Building Signs Not Visible from Outside – Store hours posted inside a lobby, menu boards inside a restaurant, or directional signs within a shopping mall.
- Street Numbers or Addresses (≤6 sq. ft.) – House numbers on mailboxes or building entrances.
- Masonry-Incorporated or Metal Plaques – Engraved building names on a brick facade or historical markers made of bronze.
- Replacement of Sign Face with No Changes – A business updating its logo on an existing sign frame without altering its size, shape, lighting, or color.
- Replacing Letters on a Non-Illuminated Wall Sign (Original Permit Required) – A retail store replacing faded letters on its existing sign with identical new ones.
- Flags or Emblems of a Business or Corporation (When Displayed with U.S. and State Flags) – A car dealership displaying its company flag alongside the U.S. and Texas flags, ensuring the business flag is not larger.
- Temporary Political Signs Authorized by Law – Election campaign signs displayed in accordance with state regulations.
Notice what’s missing? Any sign that benefits actual businesses or residents. The fact that the city refuses to allow home-based businesses to advertise while simultaneously catering to large corporations and city-controlled signage tells you everything you need to know about their priorities.
What does the Constitution Say?
In the case Reed v. Town of Gilbert, Arizona, 576 U.S. 155 (2015), the United States Supreme Court ruled 9-0 that regulations categorizing signs based on the type of information they convey (e.g., temporary, political, and ideological) and then applying different standards to each category are content-based regulations of speech and are not allowed under the First Amendment to the United States Constitution.
This means that the city can’t regulate signage based on whatever the “message” is. So, “Happy Birthday” is the same thing as “Open for Business (with a logo).” This is why Michael Kovacs didn’t want to answer our questions—because he was probably made aware of this through the city attorney and realized that the Fate Signage Ordinance would be completely unconstitutional if the ordinance had different rules based on the content. But they don’t want to give up their authoritarian control, which leaves them in a pickle. If they specify that your “Happy Birthday” banner is ok, then they must also allow a business to say, “Now Open”, because the only difference is the content of the speech. They don’t want to lose that control, thus, EVERYTHING must be banned, in their view.
The Path Forward: Will Residents Push Back?
The question now is whether residents will tolerate this egregious overreach or fight back against Fate’s authoritarian control over private property. This signage ordinance is not just about aesthetics or maintaining a quaint town atmosphere—it’s about a local government seizing control over the most basic form of free expression on private land.
Fate’s leadership needs to answer for their actions. The refusal to allow residents to post even the most harmless signs, coupled with a city manager who dodges accountability, paints a picture of a government that believes it is above the people it serves. If citizens do not demand change, this level of government control will only continue to expand.
Perhaps it’s time for Fate’s residents to put up a new sign—one that says: ‘End the Overreach.’ But, of course, they’d need a permit for that.