Legal

Rothfelder On Sign Law and the IBOUSA Fall Conference

Chris Cowlbeck and his staff at IBOUSA have done it again! For the second time in this fateful year of 2020, they’ve managed to plan a fun and informative LIVE and IN PERSON Fall Conference on October 7 through 9. And, rather than in Louisville or Minneapolis, this conference is […]

Early Signs Encouraging in Mt Wash Court Dispute

Lamar Advertising is in a long running dispute with the city of Pittsburgh over the Mt Washington sign.  The dispute is before the Pennsylvania Supreme Court after Lamar prevailed in lower courts.  The Pittburgh Gazette says the PA Supreme Court appears skeptical of the city of Pittsburgh’s case to make […]

Rothfelder on International Outdoor vs City of Troy

On September 4, 2020, the Sixth Circuit Court of Appeals in International Outdoor, Inc vs City of Troy issued a mostly procedurally technical decision, but perhaps more importantly, announced that “a regulation of commercial speech that is not content-neutral is still subject to strict scrutiny under Reed.” Specifically, International sought […]

Thomas Wins $690,000 in Legal Fees

Remember William Thomas, the man who successfully challenged Tennessee’s sign code and forced the Tennessee legislature to pass a sign code revision to moot the challenge.  The Tennessee Star reports a court has ordered the Tennessee to pay $690,000 in Thomas’s legal fees.  Thomas was represented by the Institute for […]

Federal Appeals Court Rules Against Transit Ad Restriction

By Ken Klein, OAAA Executive Vice President, Government Affairs A federal appeals court said the Philadelphia-based transit system violated constitutional free speech by rejecting a bus ad it considered political. (Center for Investigative Reporting v. Southeastern Pennsylvania Transportation Authority, September 14, 2020) Citing its 2015 Advertising Standards, the transit authority […]

Another City Sees Digital Billboard Benefits

Another city is raising money for city services by leasing land on city property for digital billboards.  On Sept 1 Kingston Mass approved two OUTRONT Media billboard leases generating approximately $200,000/year in lease payments for 25 years.  The billboards will be on  town-owned parcels at 8 Cranberry Road and 60 […]

Johnson City TN Approves Legal Action Against Lamar

Insider reported in July that after being approached by Lamar about entering into a new contract for a billboard location, Johnson City, TN city officials realized the structure was on city property and asked that it be removed by Sept. 1. The Johnson City Press reports that on Thursday of […]

Reagan and Lamar Win Appeal vs City of Austin

By Richard Rothfelder, Rothfelder & Falick, LLP On August 25, 2020, the United States Court of Appeals for the Fifth Circuit rendered its unanimous opinion in Reagan National and Lamar  Outdoor vs City of Austin, holding that Austin’s prohibition on the digitization of off-premise signs, while allowing it for on-premises, […]

Rothfelder On Retroactive Application Of Laws

I just finished a big trial for an outdoor advertising company against the State over alleged violations of various administrative regulations, including those imposing a minimum distance between signs and ramps. These types of location, spacing, and proximity regulations are usually pretty straight forward and easy to interpret.  In this […]

Comments on the Lamar/Johnson City Dispute

After our post yesterday on Lamar and Johnson City we heard from Richard Hamlin, partner in the Hamlin Cody Law Firm. Here are his thoughts. We had a client with a similar situation. The city acquired railroad right-of-way by deed in lieu of an eminent domain action. The city allowed […]