Last week I had lunch with Adam Webb is the managing partner at Webb Klase & Lemond, a Georgia law firm. He is a First Amendment specialist and an expert at litigating against government restrictions on signs. Adam owns some billboards and also writes a column for Out-of-Home Magazine. You read a recent column of his here. Adam can be reached at 770-444-0773 or [email protected]
1. What trends have you seen in local sign restrictions?
The long-term trend is toward more restrictive codes. Planners who usually draft new and amended sign regulations do not properly value signs and billboards as business drivers in their communities. Their push for smaller, shorter signs needs to be met by business people who know first hand how critical signage is to drive customers and fuel growth.
2. You told me over lunch that it’s gotten harder to challenge sign restrictions. Why?
There are still many unconstitutional sign codes on the books. For decades, our courts took the position that billboard companies and others should be encouraged to challenge those bad laws. Otherwise they would remain in place forever, because only those financially motivated would bring an expensive legal challenge. Everyone benefited. Starting about 10 years ago, however, some courts began to discourage billboard companies from challenging improper sign restrictions. Even when a law was plainly bad, they would allow the city or county to avoid a day of reckoning in court via technical defenses. Now there are enough negative court decisions that some courts can be convinced to leave unconstitutional sign ordinances in place. Fortunately, sign companies can still rely on numerous positive legal precedents, but it’s not like the glory days!
3. What sort of local sign code is most open to a successful legal challenge?
Courts are least forgiving of codes that regulate based on what signs say (content-based) or give discretion to government officials to delay or deny sign applications.
4. How are local governments regulating digital signs?
The most surprising thing is how many cities and counties still don’t have any regulation of digital signs. Of course, they rarely agree that they have no such regulations, but rather try to apply outdated provisions about “flashing” or “blinking” signs. Digital signs are so positive for advertisers and communities – with Amber Alerts and other emergency messages and an upscale appearance – that a knee-jerk ban on the technology is unlikely to be approved by the courts.
5. What steps should a billboard company take if they wish to challenge a sign code?
First, make sure no “outside the box” option exists to get the inventory you need, such as lobbying, variances, or partnering with the government. Second, sleep on it, litigation is expensive and time-consuming. Third, speak with your attorney to understand all the pros and cons.
