Insider opposes proposals in California and Texas to sell commercial advertising on highway rights of way:

• It threatens highway funding. The federal government prohibits advertising on federal rights of ways. Any State which runs advertising on public safety signs must obtain federal signoff or face loss of federal highway funds.

• It smacks of self-dealing (freeway advertising is bad except when we get paid for it). Any State which has stringent outdoor regulations and permits advertising on state public safety billboards is asking for a lawsuit by disadvantaged private billboard companies.

• It creates potential free speech issues.  Who’s going to decide what messages are OK to put on the signs?

The Federal Highway Administration isn’t jumping up and down over the idea. Here’s an August 16, 2016 letter Gregory Nadeau, Administrator, Federal Highway Administration wrote to Congressman Jared Huffman (D-CA) on the issue.

Insider’s take:  The Federal Highway Administration doesn’t seem supportive of commercial signs along public rights of way but the issue deserves watching.

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