Tag: Richard Rothfelder

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 […]

Houston City Council Approves 75 Digital Kiosks

IKE Smart City, a sister company of Columbus Ohio based Orange Barrel Media was awarded a 12 year contract with the City of Houston to install 75 digital kiosks.  The kiosks will be placed along sidewalks with high pedestrian traffic. The kiosks will display ads and provide information and direction […]

Rothfelder on Cannabis Advertising Regulations and OOH

Chris Cowlbeck and his fantastic team at IBO are planning a fun and educational Spring Conference at the Sheraton Denver Downtown Hotel on May 5 through 8. While the last couple of conferences were enjoyable and helpful as usual, they were largely relegated to virtual presentations and smaller audiences because […]

Rothfelder On How to Pass an Unconstitutional Sign Law

The Texas Legislature is in session, and as the case far too often, it is demonstrating how to pass an unconstitutional law. The subject of the constitutional shenanigans this time is so-called “bandit signs,” those pesky paper signs illegally placed on trees, utility poles, street medium, and other sites in […]

Rothfelder On PETA vs Hinckley And Ads On Public Transit Systems

On March 15, 2021, the United States District Court for the Southern District of Texas issued an interesting First Amendment decision with potentially broad impact on the out of home industry. The case is PETA vs Hinckley, and you can access the opinion here. The case arises from the request […]

Cowlbeck And Rothfelder On Legal Services Discount Program For IBOUSA Members

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, […]