In Fort Collins, Colorado, Colorado State University is moving forward with erecting electronic billboards around its campus.
Fort Collins has a longstanding ordinance that prohibits such signage from being in the community as a way of trying to keep the city both visually appealing and uniform throughout.
However, Colorado State University is a state entity. And, the land the university is on is also considered state property and not directly under the jurisdiction of the City of Fort Collins. That means CSU can be at the heart of Fort Collins yet largely do as it pleases when it comes to installing billboards.
CSU said they agreed to limit the advertising on the billboards to avoid causing light pollution throughout the night.
The system is a collaboration with Street Media Group and will generate revenue through advertising sales for campus safety upgrades, including access enhancements to residence halls. In addition to safety related communications, CSU will be able to promote campus events, activities, and organizations.
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When a state agency acts in its governmental capacity, that trumps local ordinances. When a state agency acts in a proprietary capacity, the local ordinances will control. What’s the difference?
In California, a Cal State University campus hosted a circus. The City of Los Angeles tried to enforce its animal-control regulations. The Cal State University campus asserted its state-agency status and argued that it did not need to comply with the city’s ordinance.
The court said it needed to comply. Hosting a circus on campus had nothing to do with the university’s governmental purpose, which was education. Instead it was renting its recreational fields to a commercial organization for a commercial or proprietary purpose. Since it was not acting in its governmental capacity, it needed to comply with local ordinances.
In a digital context, the greater the percentage of time devoted to the governmental purpose, the more likely it is that the courts will uphold the state exemption from local ordinances. In the context of a university or college, if a material portion of the flips show educational opportunities and information, there will be a better chance that a court will sustain an exemption from local ordinances.