February 14, 2006

Circuit Court Urged to Stop Litigious Billboard Companies

CHICAGO — The American Planning Association (APA) urges the Eleventh Circuit Court of Appeals to direct the lower court to dismiss Tanner Advertising Group's lawsuit. The billboard company seeks to destroy sign regulations that prevent it from erecting multiple billboards along scenic byways. APA strongly feels the billboard company does not have standing to challenge Fayette County's entire sign code. The case is Tanner Advertising Group LLC v. Fayette County (Case No. 04-13210-U).

The Eleventh Circuit Court of Appeals will hold an "en banc" hearing on February 14, 2006, at 9 a.m. (ET) to review the case. All 12 of the judges will hear this case, indicating the importance of the issue.

APA and its state chapters in Alabama, Florida, and Georgia have joined Scenic America, the International Municipal Lawyers Association, and the League of California Cities in filing an amicus curiae brief in support of Fayette County, Georgia. The brief describes the national pattern of endless lawsuits over the last few years.

Federal courts have repeatedly affirmed that the First Amendment allows local governments to ban billboards and to limit their size and location. Tanner Advertising Group could not invalidate those specific prohibitions on billboards so it attacked different rules in the sign regulations, hoping to topple the entire sign code. The company's goal is to erect its billboards in the absence of regulatory oversight, grandfathering its non-conforming billboards before the local government can revise the sign code.

In its amicus brief APA argues, "Tanner and its cohorts seek to litigate in the stratosphere of free speech theory on behalf of unknown, unidentifiable third parties. Despite the high-minded posturing, their goal is on the ground: huge, multi-ton, permanent structures which do nothing but display advertising, blocking the public view, for decades."

The amicus curiae brief was prepared by Shauna F. Morris of Frazer, Hubbard, Brandt, Trask & Yacavone, LLP in Dunedin, Florida; Randal R. Morrison of Sabine & Morrison in San Diego; and John M. Baker of Greene Espell, P.L.L.P. in Minneapolis.

Contact

Roberta Rewers, APA Public Affairs, 312-786-6395; rrewers@planning.org