Advertising Rules Moves Forward

Rocky Mountain Sign Law

By Brian J. Connolly

May 31, 2017
 

The union representing Spokane Transit Authority employees will have an opportunity to continue its challenge to the STA's bus advertising policy, now that a federal court has denied the transit authority's motion to dismiss.

Like many transit agencies, the STA has an advertising policy.  Until November 2016, the STA delegated administration and enforcement of the policy to an advertising contractor called ooh Media LLC.  The policy allows "Commercial and Promotional Advertising" and "Public Service Announcements."    

Commercial and promotional advertising includes general commercial advertisements for products, services, events, and the like.  Public service announcements are required to meet three criteria: the sponsor must be a governmental or 501(c)(3) nonprofit entity, the announcement must relate to one of five topics (including public health, safety or personal well-being, family or child social services, broad-based contribution campaigns, or services for low-income people or persons with disabilities), and the announcement may not include a commercial message.  The policy also prohibits deceptive advertising, political speech, or ideological or religious messages.

In 2016, the union, the Amalgamated Transit Union Local 1015, sought to advertise on the side of STA buses.  The content of the advertisement was to promote the union's services and inform the public about the workers' rights.  The proposed advertisement specifically called out ride-sharing services such as Uber, Lyft, and other organizations and encouraged workers to organize.  The advertising contractor never responded to the proposed advertisement, and STA has not responded to the proposed advertisement since November 2016.  The union filed suit against STA, bringing facial and as-applied challenges to the advertising policy, arguing that STA has disallowed the union's advertisement because the advertising policy does not allow union speech.

In analyzing the STA's motion to dismiss, the district court noted that, in the Ninth Circuit, bus-side advertising constitutes a limited public forum.  With respect to the plaintiff's facial challenge, the court denied the STA's motion to dismiss.  The court reasoned that, because the STA's lawyers indicated that union advertising could not be commercial and promotional advertising, and acknowledged that a union is neither a government nor 501(c)(3) organization, the union's complaint plausibly alleged that the STA's advertising policy denied it the right to advertise on STA buses.

On the as-applied challenge, the STA argued that the union's challenge was not ripe because the STA had neither approved nor denied the advertisement in question.  But, because of evidence referenced in the complaint that indicated that the STA had terminated its contract with ooh Media because the contractor intended to approve the union's advertisement, the court denied the motion to dismiss.

 Amalgamated Transit Union Local 1015 v. Spokane Transit Auth., ___ F. Supp. 3d ___, 2017 WL 2126593 (E.D. Wash. May 16, 2017).

 

Texas Legislature Replaces HBA and Grandfathers Tall Billboards

Billboard Insider

By Staff Writer

June 5, 2017

Richard Rothfelder tells Insider that the Texas Legislature has passed two out of home bills.

The Texas Legislature has passed SB 2006 in response to the TxDot v Auspro court decision which invalidated the state's Highway Beautification Laws.  The bill is waiting the governor's signature.

 The bill revises the States's Highway Beautification Act to comply with TxDot v Auspro. 

The invalidated  Highway Beautification Act used the message on a sign to determine whether it was a regulated off-premise sign or an unregulated off-premise sign.  SB 2006 removed the message test and says that a sign is regulated if a fee is paid for the display of goods or services on the sign.  Otherwise the sign is an unregulated, non-commercial sign.

SB 312 amends the Texas Highway Beautification Act to grandfather tall billboards.  The Texas Highway Beautification Act prohibits signs in excess of 42.5 feet  SB 312 grandfathers billboards which are between 42.5 feet and 85 feet as of 3/1/17 under the Texas Highway Beautification Act.  This means that they are not in violation of the Act and can be maintained.  All new billboards must be less than 42.5 feet.

You can keep track of Texas legislative and regulatory developments by subscribing to The Bulletin which is published by Rothfelder and Falick.  Email [email protected] if you wish to subscribe.

'Friendly Neighborhood Hackers' SpoofDigital Billboard at Local Mall

The Next Web

By Staff Writer

May 29, 2017

A British shopping center in the vicinity of Liverpool was purportedly defaced with a cheeky message by a group of anonymous hackers on May 29, BBC reports.

"We suggest you improve your security," the collective wrote on the screen, identifying themselves as the "friendly neighborhood hackers."
 

The writing appeared on a large outdoor display at the Liverpool One shopping center situated just outside of the city. According to reports, no other screens were affected - though passers-by said that several other billboards have since been deactivated.

Numerous users on Reddit and Twitter have reported spotting the tampered billboard, but Liverpool One was quick to respond to the spoof, closing down the screen as soon as it was notified about the incident.

It remains unclear who was responsible for the hacking. A spokesperson for the shopping center has since told BBC that the "screens are operated by an external company [Elonex] which is currently investigating what happened as a matter of urgency."

"We can confirm an incident occurred over the weekend on one of the 18 screens we operate at Liverpool One," a spokesperson for Elonex told BBC. "The incident appears to have been good-natured and not intended to cause offence or disruption, for which we are grateful."