a scheme of twenty four categories of which some of them are be some physical characteristics and something are based on the content of the speech and what can we need you need to look at all the categories because some out that some other type of speech is treated more favorably than mine correct anything electronic sign treated any more favorably than any other electronic sign there is where signs that are based on their message without reference to it being an electronic sign favorably to a rod the prohibition on much on signs correct that the town could allow a temporary electronic side so long as it's the town is the speaker or the government is the speaker but no other speakers given that privilege correct the electronic signs is found on page sixty five look at the general purpose of the sign rubin says and to control that there must be some frantic safety interest there because there is a general purpose state where they can concede that traffic safety did not advance given the power to determine an exemption for lamers size that had extraordinary significance that's a pretty clear underground description case in addition the definition electronic changing signs itself ok requirement and yet the exception your point is this temporary government agency signs which carry public service announcements knows maybe permitted to exceed the dimensional requirements of this article and i just don't seem we're in the article it describes electronics changing side as a dimensional requirement are you saying just because it's listed in the dimensional table of signs in itself is a dimensional requirement that is the church team to the code enforcement officer and said i would like to record this type of sign a sign with this type of functionality in the code of force an officer said the table that's been mentioned by  on the town has nothing in the record shows that you've ever put up an electronic governmental time other than by order of the state the electronic sign put up is the one at the stated at the school administrative unit a subset subdivision of the state over the town's objection you can find a permit i can find a permit for you here and you'll see scribbled on the bottom of the permit are written on the bottom of the permit not allowed in this district because they thought this was important these  do for the purpose of evaluating the extent to which they're going to allow me to call it visual clutter because i think that's what it is when town meeting in new hampshire these are adopted through a super democratic process called town meeting chief judge me remember th district judge would have known this if you were to drive along main street in pembroke and then yielded to mean street or the street that follows in hopes that you would have seen the race of the local town in hook's if it didn't have this sort of zoning it is or isn't content based because it's never appeared in the case what appears in the case is a request to put up an electronic message center and we're trying to changing sign and what we've soon threw out is that that that we're developing a taxpayer base among commercial entities it's unlikely that any town in that just not just this town but any town would want to have a tax exempt entity in the district federal district judge says he basically said is there's no school here to attack i think slewing is a good filter to find out what facts are germane to what we're doing here today he says the problem has essentially a fac fatal traceability problem when you look at the exemptions and when you look at the commercial district because this appellate anyway never availed itself or didn't want to avail itself of that it wanted in the l o district where  functionality and that this sign clearly and i think there's no question about it this one clearly did fall into it so i think so it is the first sort of prism through which the court needs to see this case then it gets to the content treated state statute local ordinance as a piece as a as of a kind when it came to whether there was equal treatment under that regulatory regime and so i'm not sure how far that would get you i guess if you peel back the onion a little wasn't the argument as i read it the argument was simply that state statute requires it or permits and there's a lot of cases under the statute that suggests that actors who who avail themselves of separate legal regimes similarly situated compared to are so cold and you'll see in the federal district judges opinion he goes through why and why why why it could be and why not the the governmental they they don't they can't be changed or forced to change and there is an exemption state statutory exemption for for government actors for their own carrying out of their own unfettered sort of moments putting in a fire station where they think they need it even if that fire station exceeds the height requirement or height when it under the zoning ordinance i think what the judge is saying is that if you were to call the government exemption and if  sufficient compared are then churches would essentially have a privileged position under the statute because they would be able to parrot in every something district across the country that which get to that question because your argument is we don't get to that question because the source of that distinction is the state rather than the local it it that it that is  that is not fairly traceable to your purported injury but no that's not right if it's electronic tainting time they're injured because some people do electronic changing signs get better treatment than they did maybe just didn't raise that argument so it's way they didn't raise that beat that is prohibiting the church from speaking the town's not challenging that the government's being allowed to speak ok the church is only challenging that the self is not being wanted to speak and bad being done by the town so the idea is that the town has to