Chris Cowlbeck, General Manager of IBOUSA, and Richard Rothfelder, partner at Rothfelder & Falick, have jointly announced a program for discounted legal services for members of IBOUSA. Rothfelder is a frequent contributor to Billboard Insider and presenter at IBOUSA and OAAA conferences, and he co-authored “Billboard Insider’s Guide to Leases, […]
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Rothfelder On Amortization And The Federal HBA
During the last week, Billboard Insider published a couple articles on related Constitutional clauses. First, Insider reminded us in What the Senate Said About Amortization while cautioning that the regulatory concept had actually been enacted into an ordinance by Wenatchee, Washington last year. Wenatchee and other governmental entities utilize the amortization […]
Rothfelder On Panhandling And Other Applications Of Reed vs Gilbert
Billboard Insider published an interesting article in its February 8th edition entitled Reed vs Gilbert and Panhandling? According to the article, the City Council of Spokane Valley, Washington is considering amendments to the City’s sign code to regulate panhandling (I suppose the politically correct term is actually “street solicitation,” but […]
Rothfelder’s OOH Legal Predictions For 2021
Good riddance to 2020, which will likely be remembered as the Year of Covid, along with the economic downturn, racial and social tensions, political upheaval, and other challenges sparked by the pandemic. Indeed, my first two legal predictions for the outdoor advertising industry in 2021 are also largely influenced by […]
Rothfelder On Justice Barrett And The New Supreme Court’s First Amendment Jurisprudence
On October 27th, Amy Coney Barrett was sworn in as the third and most recent of President Trump’s nominations to the Supreme Court, joining Justices Kavanaugh and Gorsuch. The “new” Supreme Court is decidedly conservative, led by Chief Justice Roberts, Justices Alito and Thomas, and now, Kavanaugh, Gorsuch, and Barrett. […]
Rothfelder On Gannon vs Texas Department Of Transportation
In the September 11, 2019 edition of Billboard Insider, I discussed the Texas administrative rules making process, including how the Texas Administrative Procedures Act (“APA”) encourages public participation and transparency throughout this process, by mandating where and when to publish proposed rules, and opportunity for public comment on them in […]
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 […]
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 […]
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 […]
Rothfelder On Political Billboard Advertising
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 […]