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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Billboard Blight
Stuart Lieberman, Esq.,

Billboard companies can make a lot of money on one sign in a year. And very often one sign has content on both sides –which can double the income.

And often one location has two signs –one next to another. Which can even further enhance income.

Its no wonder that billboard companies want to place these billboards everywhere they can. Highways, local streets, building sides, halos, barns, on moving trucks, in subways.

Did you read a few month ago about the teen who wanted to rent out his forehead for a billboard message?

I have nothing against a company (or I guess even a teen) wanting to make a living. But I do not like billboards that are placed in inappropriate locations. Neither do many people in communities who wish these big companies would simply go away.

Often highway signs are fine with me. As long as they are placed in a commercial area and they do not pose a visual hazard.

Laws that allow highway signs need to have content neutral ( a big word in this field) restrictions on the size of the signs, lighting issues, and other requirements to make sure that they are as pleasant looking as possible.

Maybe I ought to admit that frankly, even the nicest signs are ugly in my opinion. But you can make them less ugly.

I do oppose signs in rural and similar areas, where they really stand out like a sore thumb. While a commercial down town area or an industrial highway zone might work, pristine areas should never be disturbed by these kinds of signs.

Residential areas are also inappropriate.

And I do believe that citizens should be able to say yes or no to these signs. As long as businesses have some reasonable other places to advertise –there will probably not be a legal requirement that billboards be allowed.

Which brings us to an important point. Those who don’t believe that billboards fit within their community will always be threatened with a lawsuit by the billboard company based on freedom of speech claims.

Don’t allow your local officials to be intimidated by these threats. Content neutral restrictions are usually acceptable. This is especially so when other means of expression are allowed in the community.

And while defending a lawsuit is costly, sometimes a municipality has to spend that kind of money. Otherwise, it will always be victimized by applicants who know that to win –they simply need to threaten a lawsuit.

Yes, we have a right to free speech. But that does not mean that every community must allow inappropriately placed billboards.

If a billboard company is planning to erect inappropriate signs, you need to organize. Attend every meeting as a group and make sure your voice is heard.

Since the billboard company will have a lawyer on its side, you probably should as well. That’s not cheap, but this can be hardball. Expensive, but not necessarily a bad sign.

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The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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