09-10-07 Item 7D, Clear Channel - Laserfiche WebLink

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THE FIRST STEP in fighting a digital billboard that has been erected or proposed in your locality is to find out whether your state's agreement with the Federal Highway Administration (FHWA) already prohibits them. Many do. While that hasn't stopped the billboard industry from erecting the signs anyway, it can give you some powerful ammunition with which to challenge them and argue for their removal. Flashing, Intermittent, or Moving Lights On July 17, 1996, the FHWA issued a memorandum clarifying the status of "changeable message signs." It noted that many State-Federal agreements would allow for changeable mes- sages such as the Tri-Vision signs that use rotating panels or slats. However, it also noted that, even ifTri-Vision signs were allowed, the agreement probably wouldn't allow LED signs. "In nearly all States, these signs may still not contain flashing, intermittent, or moving lights," the memo states. A 2006 letter to Texas Department ofTraosportation officials goes even further. If the state agreement prohibits signs "illuminated by any flashing, intermittent or moving light or lights.. .including any type of screen using animated or scroll- ing displays, such as LED (light-emitting diode) screen or any other type of video display, even if the message is stationary," then "the wording in the agreement dearly prohibits such signs," it states. Nonconforming Signs Another industry trick is to convert a static, nonconforming sign to an LED sign and claim that the change is not an "improvement," and therefore not prohibited. The 1996 FHWA memo clearly states that this is not permitted, as "applying updated technology to nonconforming signs would be considered a substantial change and inconsistent" with federal regulations. A July 1998 FHWA memo offers further guidance. It declares that signs with animation or scrolling messages should be considered nonconforming signs and notes that they raise "significant highway safety questions because of the potential to be extremely bright, rapidly changing, and distracting to motorists." I Additionally. nonconforming signs on state or local roads not covered by the Highway Beautification Act are often governed by local ordinances that do not allow them to be substantially altered or expanded either. Local jurisdictions have denied permits for conversion to digital technology, although some of those denials have been challenged. Local cities, towns or counties may usually impose stricter regulations on outdoor advertising than the state or federal government does. Can Local Governments Prohibit Signs Allowed in State-Federal Agreements? Yes, in almost all states. Local cities, towns or counties may usually impose stricter regulations on outdoor advertising than the state or federal government does. The State-Federal agree- ments govern signs on interstate and federal-aid highways. Local- ities may also create stricter standards for state and local roads. The First Amendment Often, billboard industry representatives try to convince local governments that if they ban billboards, they will be violating the Hrst Amendment right to free speech. This is not true. In almost all states, localities may ban billboards outright. or may restrict the size and types of billboards that are allowed. The only thing they cannot restrict is what they say. "It's only when you get into banning content that you get into trouble," said Eric Kelly, an attorney and professor of urban planning at Ball State University, who often helps local cities and towns draft or revise their sign ordinances. Kelly recommends that local governments also make any rules regarding sign technology consistent between on-premise and off-premise signs to avoid potential litigation that might charge they are giving preferential treatment to one type of business over another. But that doesn't mean that you have to allow digital billboards if you allow banks to show the time and temperature, or gas stations to regularly change the prices posted on their signs, he said. Allowing signs to change messages no more than once per minute, or restricting the size of the sign to no more than 30 square feet, allows for time and temperature signs, gas stations and church message boards but essentially bans Tri-Vision billboards and digital message boards that show new ads every six or eight seconds. It also helps, said Kelly, to include language in the ordinance explaining why the restrictions are there. If the ordinance states that its mission is to promote safety and aesthetics, and ties this goal back to goals in the local comprehensive plan, it strength- ens the ordinance and helps protect it from legal challenges. Fotlow this signs instructions and you may regret it. By taking extra seconds to watch the sign cbange (and change and change), drivers place themselves and others in potential danger.