PROVIDENCE, R.I. (AP) – A businessman has challenged a state law regulating billboard advertising, saying the law violates his First Amendment rights.

In a federal lawsuit filed by the American Civil Liberties Union on Monday, a lawyer for Anthony Joseph Vono said the law is unconstitutional because it takes the content of the sign into account when determining whether it’s legal.

State law prohibits putting up billboards near a highway if they advertise for a business or activity that is not located on the same property.

In Vono’s case, a billboard on the roof of his Providence business, Specialty Promotions, advertised for Casey Family Services, a nonprofit social services agency.

The state Department of Transportation ordered Vono in July to remove the billboard, saying it advertised “an activity not occurring on the property.” Vono said he considered the sign legal and told the state it also functioned as an advertisement for his business, which designs promotional materials such as T-shirts and hats.

Vono’s lawyer, John Dineen, said the law requires the government to draw difficult lines that are open to interpretation. For example, he said the sign previously carried other ads – including one for Gov. Don Carcieri’s campaign for governor – without objections.

“He could keep the sign if he changed the message,” Dineen said, “The government should not be analyzing the messages on the signs.”

Dineen also said the state Department of Transportation is inconsistent in how it enforces the law.

Vono’s lawsuit is asking for the law to be declared unconstitutional.

Dana Nolfe, a spokeswoman for the Transportation Department, said she was unable to comment on the specifics of Vono’s complaint, but she said the department follows state and federal laws when deciding on what is appropriate outdoor advertising.

The sign, visible from Interstate 95, is still on the building, and the state has agreed not to take it down as the case proceeds, said Steven Brown, executive director of the state ACLU.

AP-ES-11-22-05 1748EST