Billboard Preconditions

[J. Noble]

I don't think there's a First Amendment issue. The billboard 
companies sell (rent actually) blank space and location. The city 
licenses the blank space and regulates location. It applies to 
"general advertising," i.e. advertising that isn't specific to the 
location, so you can still advertise your own business at your own 
location. Proposition G, which banned the construction of new 
billboards, but permitted the relocation of existing billboards, got 
70+% of the vote and was supported by the billboard industry. The 
local Republican party opposed it on the ground that it was a market 
entry barrier. The inventory required as a condition on permission to 
relocate a billboard amounts to a license fee audit.

John Noble

At 8:32 AM -0700 6/7/06, Bob Sheridan wrote:
>Any First Amendment implications to the following (San Francisco) 
>measure that would require billboard companies wishing to relocate 
>existing billboards to prove, as a precondition to obtaining a city 
>permit to move a billboard, that it does not operate any illegal 
>billboards by submitting "complete inventories" to the Planning 
>Department for verification, along with a fee to cover the total 
>cost associated with performing the verification investigation?
>
>Those seem like a few more obstacles and expensive preconditions to 
>the more-or-less free expression represented by billboards than I 
>might have expected.
>
>I suppose we have billboard cases, but I haven't run across them, yet.
>So many contexts, so little time...
>
>rs
>sfls
>
>Notice issued by a neighborhood group:
>
>THIS WEDNESDAY, June 7th, the  Land Use Committee of the Board of 
>Supervisors will be considering important legislation that will have 
>a huge impact on billboards in our City!
>
>Since Proposition G  (the NO NEW BILLBOARDS measure) was approved in 
>2002, San Francisco Beautiful has been working with Supervisor Aaron 
>Peskin on drafting legislation that outlines the process by which 
>billboards can be relocated (a provision of Proposition G).
>
>The thrust behind this billboard relocation ordinance is that before 
>the City will consider a billboard company's request to relocate any 
>of its signs, the company must prove that it does not operate any 
>illegal billboards. The legislation requires billboard companies to 
>submit complete inventories to the Planning Department for 
>verification.  It also outlines a  relocation process that protects 
>the city from inappropriate billboard relocation.
>
>One important modification recommended by the Planning Commission 
>will strengthen the legislation by requiring billboard companies to 
>submit fees that will cover the  TOTAL cost associated with 
>verifying the billboard inventories. These inventories and the 
>associated fees will help the Planning Department develop a complete 
>sign inventory for San Francisco, making it much easier to identify 
>and abate illegal signs.
>
>WHAT YOU CAN DO TO HELP:
>Your support for this legislation is important. The Supervisors need 
>to hear from you!
>
>Please contact the members of the Land Use Committee of the Board of 
>Supervisors  BEFORE Wednesday, June 7th at Noon and tell them to 
>support:
>- the "General Advertising Signs -Relocation Agreements, Sign 
>Inventories and Associated Fees" legislation AND
>- the Planning Commission's recommended inventory fee.
>
>You can also testify at the Land Use Committee meeting  on June 7th 
>in support of the legislation! The meeting starts at 1 PM. The 
>billboard legislation is the sixth item on the agenda. [Etc., with 
>contact information].
>
>
>Attachment converted: Macintosh HD:bobsheridan.vcf (TEXT/MSWD) (0B1E8FF2)
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