Since I still haven’t taken down my Christmas tree or lights, despite my wife’s justifiable and persistent encouragement to do so, I suppose its not too late to offer my annual legal predictions for the outdoor advertising industry for 2020. I recently re-read my 3 Legal Predictions for 2019 published […]
Rothfelder & Falick 1201 Louisiana St, Suite 550, Houston, TX 77002 rrothfelder@rothfelderfalick.com 713-220-2288 Richard Rothfelder and his firm, Rothfelder & Falick, have specialized in business transactions (billboard acquisitions, easements, leases), litigation (landlord-tenant, collections, constitutional law) and government regulation (eminent domain, permit disputes, zoning) for the out of home industry for […]
Insider published in its November 25th edition an article on Caltrans’ Political Sign Restrictions. In particular, Caltrans, a quasi-government transit system, has imposed time restrictions on political advertisements, specifically prohibiting them on its facilities except during the 90 days before an election. Norcal Outdoor Media initiated litigation after Caltrans refused […]
On November 6, 2019, the U.S. Court of Appeals for the Sixth Circuit denied the petition for rehearing en banc in Thomas vs. Bright. In doing so, the Federal Appellate Court set the stage for an appeal to the U.S. Supreme Court, or more likely, to a legislative fix of […]
Chris Cowlbeck and his staff at IBOUSA have once again scheduled a productive, educational, and fun conference at the beautiful Graceland Guest House in Memphis on October 2 through 4. I’ll be presenting on the “Practical Aspects of Billboard Condemnations: A Case Study under Texas Law” in the afternoon session […]
Yesterday Insider reported that a Tennessee Appeals Court upheld a challenge to Tennessee’s out of home advertising rules. Insider talked with out of home attorney Richard Rothfelder about the opinion. Could the Supreme Court take up the case? This Supreme Court has been conservative and protective of First Amendment rights, […]
By Richard Rothfelder In the August 29th edition of Insider, I discussed the Texas administrative rules making process, including how the Texas Transportation Commission is incorporating recently passed legislation on new and grandfathered sign heights into its rules. The Texas Administrative Procedures Act (“APA”) encourages public participation and transparency throughout […]
Insider has previously published articles about the on-going legislative and administrative processes for establishing new and grandfathered heights for signs in Texas, including in the June 5, 2017, February 26, 2018, and May 30, 2019 editions. The most recent development was the passage in the 86th Texas Legislative Session of […]
Insider’s Note: Richard Rothfelder is a Partner at Rothfelder & Falick and a frequent and welcome legal contributor at Billboard Insider. During the last few days of its term, the US Supreme Court decided on June 21, 2019 an extremely important case, for both the outdoor advertising industry and Supreme […]
By Richard Rothfelder, Rothfelder and Falick Insider has published articles on providing prospective buyers of property encumbered by signs and leases with actual and constructive notice of the outdoor advertiser’s interests and including notice of the right of first refusal in billboard leases. Insider brought to my attention a […]
