The San Jose billboard saga continues as the City Council faces opposition, but not from the billboard industry. The allegations come from Citizens for Free Speech and Equal Justice who, as reported by the The San Jose Spotlight,  illegally erected a digital billboard near Highways 880 and 101 to sell advertising. They say the billboard is legal and the city’s policy unconstitutional. In their lawsuit, the group claims San Jose violates residents’ free-speech and equal protection rights through a decades-old ban on new billboards.  Jeff Herson, a member of the group suing the city, said San Jose needs to give residents the same opportunity the city could get to display billboards—and earn money.

Insider’s article at the beginning of March, San Jose Says Partially No, reported that the San Jose City Council was removing from the city’s list of top priorities plans to add new digitals signs allowing private property owners to erect free-standing billboard structures on freeway-facing sites.  The City did allow for smaller digital billboards on city-owned land in the public right of way and building-mounted signage opportunities in downtown and North San Jose.  The council members also made it clear that they have no plans to block the planned construction of 22 new digital signs and free-standing billboards on city-owned sites, which the council separately approved more than two year ago.

Insider’s Update: The City might have thought that they could demonstrate to their citizens they are both 1) against new digital billboards, while 2) allowing some digitals on City owner land to generate revenue, but Insider knew there was bound to be push back.  You can’t have your cake and eat it too.  We expect there will eventually be a compromise that will allow some development of digital structures on privately owned land.  Stay tuned.

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