Tag: Texas

Rothefelder on Texas HB 2127 and billboards

Check out the following article that appeared in today’s edition of the New York Times. The NYT report on the “Texas Death Star Bill” is HB 2127, the new Texas law that preempts municipal ordinances that are “inconsistent” with Texas statutes. This was one of the two new pieces of […]

Rothfelder On Texas SB 19 And The First Amendment Right To Refuse Firearm Ads

It seems like everyday there’s a new mass shooting, whether its Uvalde, Buffalo, Parkland, Sandy Hook, and on and on. And, just as predictably, there’s more and more talk about gun control legislation.  Especially in these tragic times, everybody appears to have an opinion under the Fourth Amendment, namely whether […]

Trevor Project uses Texas billboards to engage in political speech.

Trevor project is running digital billboard campaign across 120 digital faces in Austin, Dallas, Houston and San Antonio, Texas.  This is a great example of the use of out of home for political speech and issue advocacy.  Josh Weaver, VP of Marketing at The Trevor Project tells Billboard Insider this: […]

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 […]

Thomas Wins $690,000 in Legal Fees

Remember William Thomas, the man who successfully challenged Tennessee’s sign code and forced the Tennessee legislature to pass a sign code revision to moot the challenge.  The Tennessee Star reports a court has ordered the Tennessee to pay $690,000 in Thomas’s legal fees.  Thomas was represented by the Institute for […]

Company of the Day – Burkett Media

Company: Burkett Media Market: Texas Address: P.O. Box 163266, Austin TX 78716 Phone: 512.787.2375 Email: info@burkettmedia.com Burkett Media was founded by Beau Burkett in 2003 while attending college. Burkett Media offers a diverse mix of high profile static and LED digital billboard locations throughout Texas. Insider caught up with Beau […]

Rothfelder on Reed, Auspro and Thomas

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 […]

Company of the Day: Benchmark Outdoor

Company: Benchmark Outdoor Advertising Markets:  Texas Headquarters:  2813 Ted Circle, Harlingen, TX  78550 Phone: 956-428-7446 Email: info@benchmarkoutdoor.com Benchmark outdoor operates static billboards on highways between Brownsville and McAllen Texas.  The company has two digital billboards located at the southbound exit for Ed Carey in Harlingen, Texas and the Texas Avenue Exit […]

Rothfelder on Violations of the Administrative Procedures Act

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 […]

Rothfelder On Texas Sign Height Legislation

Prior to the enactment two years ago of Texas Transportation Code Section 391.038 by the 85th Legislature, there was no Texas or Federal law governing the height of signs. There is still no Federal law on sign height, but the Texas Legislature passed effective September 1, 2017 Section 391.038, which […]