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 […]
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 […]
Billboard Insider gets a lot of questions from readers, and especially in light of the upcoming election, on political billboard advertising in particular. Here’s a recent example: “We have a person here in Vegas that wants to run some pro Trump messaging on our units. He is not affiliated with […]
Yesterday, I reported on Part 1 of the Tennessee Billboard Law Fix, under which Governor Bill Lee signed into law an amendment to Tennessee’s Highway Beautification Act, thereby “curing” the First Amendment defects found by the District and Circuit Courts in Thomas vs Bright. However, while the Tennessee Act is […]
As Billboard Insider reported in its June 25th edition, Tennessee Governor Bill Lee signed into law last week HB 2255, which is designed to fix the First Amendment challenges to Tennessee’s version of the Highway Beautification Act raised in the Thomas vs Bright case. Thomas secured rulings from the Federal […]
Covid 19 has unfortunately caused cancellation of the IBOUSA Spring conference in Louisville. Nevertheless, Chris Cowlbeck and his staff at IBOUSA have planned a remote alternative through a Zoom meeting, along with a smaller group attending personally in Ardmore, on May 20. As usual, there’s a great line up of […]
Another State has found itself in the same predicament as Tennessee and Texas, after a Federal Court’s ruling that the Kentucky Highway Beautification Act is unconstitutional. Specifically, on April 24, 2020, the United States District Court for the Western District of Kentucky, issued its opinion in L.D. Management Company vs. […]
Billboard Insider reported in its March 26th edition on the recent OAAA webinar on the various “Stay at Home” orders issued by several states, counties, and cities, in light of the Covid-19 crisis. The Insider article and OAAA webinar are excellent explanations of the practical challenges and means to navigate […]
Today’s podcast guest Richard Rothfelder of Rothfelder Falick reviews the impact of the coronavirus on out of home contracts and 5 mistakes out of home companies make when they write out of home leases. On the impact of coronavirus on out of home contracts Coronavirus has generated a lot of […]
By Richard Rothfelder, Rothfelder and Falick The Texas Supreme Court recently rendered an opinion in a contract dispute between a couple of major pipeline companies that has a tremendous effect on the way billboard companies do business, as well as on commercial transactions in general. Specifically, in a unanimous decision […]
