Tag: Richard Rothfelder

Rothfelder On The Sign Regulator’s Challenge

In addition to my representation of the sign industry in a variety of regulatory disputes and business transactions, my “night job” was as the former Mayor for 16 years and the current City Attorney for the last 10 of the City of Southside Place, a predominantly residential suburb of Houston, […]

Beau Burkett on the Seller’s Market in Out of Home

It’s a seller’s market in out of home.  Billboard Insider is aware of 5 transactions which closed yesterday. Juggernaut Media divested assets in Phoenix. Media Choice acquired Kramerica Outdoor Advertising in North Texas Lindmark Media acquired Quail Outdoor in New Mexico and 77 static displays from Griffin Media in  Tulsa, […]

Rothfelder On Cap and Replacement Ordinances

Billboard Insider recently received a legal question from a reader, asking if the following municipal ordinance provision was arbitrary, unconstitutional, or otherwise illegal: 6.604 Off-Premises Advertising Signs and Billboards: The intent of this Section 6.604 is to limit the number, size and location of off-premises advertising signs and billboards to […]

An In Depth Look at Reagan National vs City of Austin Supreme Court Oral Argument

By Richard Rothfelder, Partner, Rothfelder Falick The much anticipated Supreme Court oral argument in Reagan National vs City of Austin case was held on November 10th, and it lived up to expectations. Scheduled for 70 minutes, but actually lasting 99, the argument was an exciting roller coaster, characterized by robust […]

Rothfelder On Reagan vs Cedar Park And Standing

Billboard Insider has previously reported that the Supreme Court has agreed to hear the appeal of the City of Austin to Reagan National’s and Lamar Outdoor’s successful First Amendment challenge to the on-premise/off-premise distinction in the Austin Sign Code. More specifically, in Reagan and Lamar vs Austin, the United States […]

Rothfelder On DACA Ruling And Effect On Billboard Administrative Rules

Once again, a controversial and national judicial ruling will effect billboard law. This time, United States District Court Judge for the Southern District of Texas Andrew Hanen issued on July 16, 2021 an injunction against the enforcement of the Deferred Action for Childhood Arrivals, commonly known as DACA. In the […]

Rothfelder on the Supreme Court Reviewing Austin v Reagan

The Supreme Court granted on June 28, 2021 the petition for writ of certiorari in Reagan National and Lamar Outdoor vs City of Austin, so that the High Court will now  entertain the merits of the First Amendment dispute over Austin’s allegedly content-based sign code and regulation of digital signs. […]

Rothfelder on Permit Vesting and Retroactive Enforcement of Regulations

I’ve had several clients contact me recently with the similar and familiar problem where municipalities or other regulatory authorities attempt to change the rules for permitting signs after the submission of the permit application. This tactic usually takes the form of the city simply trying to expedite the passage of […]

Out of Home Attorneys On Lease Assignability

Insider wrote this in A Billboard Lease is Not a License: Make sure your billboard leases have language which says the agreement inures to the benefit of successors and assigns.  Your billboard lease should also contain a clause permitting assignment without consent.  Some landlords will object.  Next best is language […]

Rothfelder On Billboard Condemnation Valuation

The new attorneys fees discount program for IBO members seems to be working as Chris Cowlbeck and I hoped, as I’ve received several inquiries from IBO members across the country about a variety of billboard litigation and transaction issues. For example, I was recently contacted by IBO members who had […]