30.06 Sign letters Question

[TxBlonde]

Do all of the letters have to be in uppercase format?

Just like this?

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."

"CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO."

With these other requiements?

Penal Code Section 30.06(c)(3)(B) further states that a sign must meet the following requirements:

1. includes the language described by Paragraph (A) in both English and Spanish;

2. appears in contrasting colors with block letters at least one inch in height; and

3. is displayed in a conspicuous manner clearly visible to the public.

[KBCraig]

Do all of the letters have to be in uppercase format?

We had a long discussion about that last year or so, but I can't find it by searching. Perhaps someone else can find it; the phpBB search feature does leave room for improvement.

Here's what it boils down to: There is no standard definition of "block letters". General usage means "printed", as opposed to "cursive". If you ask a typographer, it means sanserif. If you ask a product liability attorney who advises companies on product labeling, it means all caps, sanserif, ultra-narrow, and absolutely illegible.

Some people disagree, but I don't believe that "block letters" requires all caps. I also believe that if the font size is 72pt (1" high), then it's good enough that the capital letters are 1", even though the lower case letters won't be.

Courts have ruled that "block letters" can be a mix of upper and lower case. Google "Fossil Inc. v. The Fossil Group".

Kevin

[jimlongley]

Some people disagree, but I don't believe that "block letters" requires all caps. I also believe that if the font size is 72pt (1" high), then it's good enough that the capital letters are 1", even though the lower case letters won't be.

Courts have ruled that "block letters" can be a mix of upper and lower case. Google "Fossil Inc. v. The Fossil Group".

Kevin

While I agree that "block letters" does not have to be all caps, I think ALL of the letters should be one inch, 30.06(c)(3)(B)(2)law says "letters at least one inch in height." it doesn't say "initial caps at least . . ." or "header letters at least . . ." so that says to me all of them have to be one inch.

This is the exact question that I called DPS and the AG's office about a few years ago, and was there a similar channel to follow to file a complaint like TABC and improper 51% signage. The AG's office wouldn't really discuss it with me, as an individual I lack standing, and at DPS I was told that as long as the sign came close, they considered it to be a valid effort, and would I like to be a test case (in a sneering tone of voice.)

Either we need that test case (which I wouldn't wish on anybody), or we need it to be clarified in the legislature, which is just short of two years down the road now, and kind of unlikely as it is a pretty low priority item.

If we could get someone with standing to ask the Attorney General that might work, but it could also backfire. Consider a sign, at least one inch in height with block letters, as an alternative.

If the legislature had wanted a 72 point font, wouldn't they have said so?

[HankB]

While I agree that "block letters" does not have to be all caps, I think ALL of the letters should be one inch . . .

I agree. Otherwise you could have:

Pursuant To Section 30.06, Penal Code (Trespass By Holder . . .

This is an admittedly extreme example, but to my way of thinking when the law explicitly demands "1 inch" letters, it means ALL the letters ought to be 1 inch - not some of them, not just leading capitals, but ALL of them.

(Disclaimer: I'm not volunteering to be a test case.)