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1A, Clear Channel Litigation
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1A, Clear Channel Litigation
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Clearn Channel Litigation
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Agenda
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4/21/2008
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<br />Robert H. Lynn <br />April 15,2008 <br />Page 12 <br /> <br />We give some respect to "the accumulated, common-sense <br />judgments of local lawmakers and of the many reviewing courts <br />that billboards are real and substantial hazards to traffic safety." <br />[citation omitted] It is given that a billboard can constitute a traffic <br />hazard. Itfollows that [electronic message centers), which provide <br />more visual stimuli than traditional signs, logically will be more <br />distracting and more hazardous. <br /> <br />Naser Jewelers, Inc. v. City of Concord, N.H., --- F. 3d ---, 2008 WL 162521, at 6 (1st Cir. <br />2008) (emphasis added) (quoting Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 509 <br />(1981)). And, as Judge Diana E. Murphy wrote for the Eighth Circuit in August 2006 regarding <br />an attempt to install equally large billboards that would have completely changed their display <br />every six to ten seconds (though "trivision" technology rather than digital technology), <br />"distracting roadside billboards of the type Advantage sought to erect could also pose real danger <br />to both motorists and nearby pedestrians." Advantage Media LLC v. City of Eden Prairie, 456 <br />F.3d 793, 803 (8th eir. 2006). The City's prohibition on the expansion of nonconforming <br />billboards, the requirement that all signs in District 7 be extemally illuminated, and the <br />requirement that a sign permit be obtained before altering a sign easily fall within the scope of <br />Minn. Stat. S 462.357, subd. Ie (b)'s reservation of municipal authority. See also Advantage <br />Media, LLC v. City of Eden Prairie, 456 F.3d 793, 803 (8th Cir. 2006). <br /> <br />Empirical studies demonstrate that electronic billboards are distracting and cause <br />accidents. As a 2001 federal research review noted, "Commercial EBBs are designed to 'catch <br />the eye' of drivers. Their presence may distract drivers from concentrating on the driving task <br />and the visual surrounds." (Office of Safety Research and Dev., Fed. Highway Admin., U.S. <br />Dep'tofTransp., Research Review of Potential Safety Effects of Electronic Billboards on Driver <br />Attention and Distraction, Final Report at 17 (2001) ("2001 Federal Research Review")). <br />Compared to static billboards, the images are extremely clearer, and completely transform <br />themselves every few seconds. Louise Story, "Digital Billboard Up Ahead: New-Wave Sign or <br />Hazard?," N.Y. Times, January 11,2007 ("Billboard companies are adopting digital technology <br />that rotates advertiser images every six or eight seconds - the better to catch the eye. ") (emphasis <br />added). In the words of its own press release that accompanied the roll-out of the network that <br />included the digital display in dispute in this case, Clear Channel stated that "the Twin Cities <br />displays are located on heavily traveled freeways throughout the metropolitan area[.]" <br />(December 28, 2006 press release). (emphasis added). At least two studies, one in Wisconsin <br />and one in Massachusetts, have concluded that the addition of electronic billboards along major <br />metropolitan freeways caused a greater number of auto accidents. (J. Wachtel and R. Netherton, <br />"Safety and Environmental Design Considerations in the Use of Commercial Electronic <br />Variable-Message Signage" (1980); 2001 Federal Research Review at 9-10. <br /> <br />The ability of electronic billboard displays to cycle from one brilliant display to another <br />every few seconds increases the quantity of advertising capable of distracting drivers. For <br />
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