Today at 10am eastern time the US Supreme Court will hear oral arguments in Reagan v Austin. The court will allow 70 minutes for oral arguments. The Court is reviewing a Fifth Circuit Court of Appeals decision that Austin’s restriction on off-premise digital billboards was a content based violation of […]
Legal
Who Owns the Billboard? Adams v Long
Old billboard lease language can get you into trouble. That’s the lesson of Adams Outdoor Advertising v Long. Here are the facts. In the 1930’s the Consolvo Chesire ad agency entered into a billboard lease to put a billboard on property in the city of Hampton. The lease stated that […]
Baltimore Approves Sign District
The city of Baltimore has created the North Harbor Downtown Baltimore area of special sign control to promote tourism and economic development. The district will permit up to 20,227 square feet of digital billboards at 14 locations. Two of the 14 properties involve land owned by the City of Baltimore. […]
Court Upholds Billboard Lease with Altered Legal Description
Is a billboard lease valid if if contains an altered legal description and is improperly acknowledged? Yes. That’s the lesson of Engler v Franklin Outdoor. Here are the facts. Franklin Outdoor asked Michael Flynn if it could erect a billboard on Flynn’s property. James Franklin and Michael Flynn. walked the […]
Facebook and the Slippery Slope to Billboards
By Richard Rothfelder, Partner, Rothfelder & Falick Facebook, Instagram, Twitter, and other social media platforms have certainly been in the news a lot lately, with most of it unfavorable. And, much of the criticism of social media has been centered around its content, whether alleged censorship of messages from former […]
Defending digital billboards in Austin v Reagan
You should read the OAAA’s brief to the Supreme Court in the Austin v Reagan case. The OAAA brief makes the following points in response to the criticisms of digital billboards by other parties in the case: Off-premise digital billboards do not present unique safety of aesthetic concerns. Digital billboards […]
Goodman on the Difference Between Public and Private Landlords
Today out of home leasing and development expert Andy Goodman talks about public, private and shopping center landlords. The difference between a private and public landlord With a private property owner I am most successful with a 1 or 2 page lease. When I get a lease with a private landlord […]
CA Governor Vetoes Cannabis Advertising Fix
It appears that any hopes of allowing cannabis advertising alongside California highways has come to an end with California Governor Gavin Newson vetoing AB-1302 which would have allowed marijuana ads on billboards along interstate freeways and state highways that cross state borders, except within 15 miles of another state. In […]
Sophia Holley on Lamar v Cincinnati
By Sophia R. Holley, Keating Muething & Klekamp PLL The Ohio Supreme Court recently struck down a billboard tax as unconstitutional in Lamar Advantage GP Co., LLC v. Cincinnati, Slip Opinion No. 2021-Ohio-3155. The case evaluated an excise tax placed on the installing, placing, and maintaining of outdoor advertising signs in […]
Andy Goodman on lease rights of first refusal, signers, notice and nameplates
Today out of home leasing and development expert Andy Goodman talks about some odds and ends which should be in a good lease. On rights of first refusal I try to protect myself so that that my Lease states, at the end of the Lease, if the property owner is […]