By Richard Rothfelder, Rothfelder & Falick By now, most know the facts: On April 21, 2022, the U.S. Supreme Court in a 6 to 3 decision reversed the Fifth Circuit Court of Appeals’ decision in City of Austin vs Reagan National Advertising, which held the Austin Sign Code violative of […]
Legal
Jennifer Sloane on Austin v Reed and a Takeaway For Owner/Operators
By Jennifer Sloane, Esq. Sloane Law Office Unfortunately, the Supreme Court in Austin failed to adopt the “read the sign” rule outlined by the Court of Appeals, citing that such a rule was too extreme an interpretation of the Court’s precedent. The Court found a distinction between the sign codes in […]
Supreme Court Upholds On/Off Premise Distinction in Austin v Reagan
As anticipated, the Supreme Court issued their ruling on Reagan v Austin. Insider has initial comments below on the ruling and you can expect more as we all get a chance to research the opinion in more detail. From Richard Rothfelder, Rothfelder & Falick, LLP: In a 6 to 3 […]
Rothfelder on Application of CDC Mask Mandate Invalidation to Billboard Administrative Rules
by Richard Rothfelder, Partner, Rothfelder and Falick Once again, controversial national events have application to the billboard industry, in this case on billboard administrative rules. In particular, on April 18th, a Federal District Judge ruled that the mask mandate rules imposed by the U.S. Center on Disease Control (“CDC”) were […]
Andy Goodman on Takedown Ratios
Many cities require you to takedown a certain number of square feet of billboard advertising in order to construct a new static billboard or in order to be able to convert a static billboard into a digital billboard. Today out of home development expert Andy Goodman talks about takedown ratios. […]
Outdoor Legal: What’s a reasonable non-compete?
It’s standard to include non-compete language in an asset purchase. A non-compete needs to be limited as to geography and time or it might be thrown out. That’s the lesson of Wolverine Sign Works v Powers. Here are the facts. In 1926 Leo Powers sold 20 billboard faces in 6 […]
Cathedral City, CA Bans New Billboards
On April 13, 2022 Cathedral City, California passed a new billboard ordinance which: forbids new billboards prevents the conversion of static to digital billboards makes all existing billboards legal non-conforming uses restricts cannabis ads on billboards within 1,000 feet of day care centers, schools, parks and the city library. The […]
Scenic America’s Budget
Know your opposition. Here’s Scenic America’s budget for the past five fiscal years. We’ve updated the table based on Scenic America’s 2021 Form 990 for the year ended March 2021. Revenues increased 23% to $1.0 million for the year ended March 2021. Expenses increased by 20% to $967,000 for the […]
Goodman on Walls and Spectaculars
Today out of home site development expert Andy Goodman talks about walls and spectaculars. Walls and Spectacular leases There are many types of walls and spectaculars, such as painted, sticky back vinyl, vinyls attached with eyebolts and cable, projected and digital. For painted, sticky back and vinyl its important that […]
Mike Hershey on 6 out of home issues to watch.
On this week’s Billboard Insider podcast OAAA EVP Government Affairs, Mike Hershey talks about 6 out of home issues to watch. Here are the highlights. Political Spending Let’s compare 2020 to 2016…we saw an almost doubling in political campaign spending in the most recent presidential election. In 2020 we had […]