by TRC_Admin | Mar 31, 2021 | Billboards, City Signs, Codes, Legal
Photo: Jay Janner, Austin American-Statesman
“Reagan and Lamar sued the City of Austin when the city denied approximately 85 digital billboard permits for off-premise advertising billboards arguing that the City Sign Code’s distinction between on-premise and off-premise signs violated the U.S. Constitution’s First Amendment free speech clause.
The case was first heard by the US District Court for the Western District of Texas, and held FOR the City, ie, that the city sign code on/off-premise distinction was not content-based and was constitutional using an intermediate scrutiny standard of review.
On August 25, 2020, a three-member panel of the Fifth Circuit Court of Appeals reversed the US Western District Court and held:the Austin Sign Code’s on-premises/off-premises distinction was content-based and must therefore be subject to a strict scrutiny standard of review. The Fifth Circuit concluded that under that higher standard of review, the city’s on/off-premise distinction was content-based, thus unconstitutional.
The City of Austin has announced it will appeal to SCOTUS—filing due January 21, 2021.”
— Scenic Texas
Scenic Texas legal experts weigh in on this case
Read additional article about this battle in the Austin American-Statesman
by TRC_Admin | Dec 1, 2020 | Codes, Highway Beautification, Scenic Highways
Illustration: Walton County
“Walton County commissioners have taken a first look at a set of proposals that could reshape the economic potential of the U.S. Highway 331 corridor…
The proposed development standards — more specifically, the establishment of scenic overlay districts — would apply restrictive development standards extending to 400 feet from the affected sections of the two routes…
But as a result of recent action by the Walton County Planning Commission, new-vehicle sales lots — originally proposed as an excluded use — would be allowed along the scenic corridors, if that provision survives further review and action by the County Commission…
One of those sections extends from Choctawhatchee Bay north and west to the edges of the city of Freeport, and also incorporates acreage roughly bisected by SR 20.
A second section, bounded by the south side of Interstate 10, extends north and west from the southern edge of DeFuniak Springs.
…Adoption of the amendments would mean that neither the Planning Commission nor the County Commission would get to review any project that met existing county requirements for job creation or economic development…
Leigh Moore, executive director of Scenic Walton… cautioned commissioners to take a longer-term view of the proposed scenic corridor requirements.
‘I understand the concern about economic development, and I also encourage that to be a major focus,’ Moore said, ‘but please keep in mind … that if you don’t have some good aesthetic and (traffic) access management guidelines, then in the medium- and longer-term it ends up hurting economic development …’
Moore said Scenic Walton is not against growth along the U.S. 331 corridor.
‘But we want to do it in the right way, and that requires some local government control and regulation over what can and can’t happen in that corridor,’ she said…”
— Jim Thompson, Northwest Florida Daily News
Read entire article
Visit Scenic Walton
by TRC_Admin | Jun 29, 2020 | Codes, Environmental
Photo: Miami Herald
“The federal government is proposing a $4.6 billion plan to protect the low-lying Miami area from the effects of climate change, including the construction of miles of sea walls. The U.S. Army Corps of Engineers released a draft plan … calling for walls to protect the area from sea level rise that could reach about 13 feet (4 meters) in height.
The Miami Herald reported Saturday that the plan is designed to protect tens of thousands of homes and businesses from flooding. The plan also calls for movable barriers at the mouths of three waterways, elevating and flood-proofing thousands of buildings throughout the county and restoring mangroves in vulnerable areas.
The plan does not contain previous proposals to buy out hundreds of homes and convert them into parks or open spaces…
— Associated Press, Citrus County Chronicle
Read article about this project in Miami Herald with details
by TRC_Admin | Apr 26, 2020 | City Signs, Codes
Photo: Fox 13 News, Tampa
“With ‘stay at home’ orders canceling celebrations, a Tampa company is delivering some much-needed cheer with yard signs.
Tampa Yard Greetings makes and installs beautiful, colorful, delightful yard transformations to celebrate any special occasion, from birthdays and graduations to graduations and new babies. They also have blank signs you can customize yourself.
The folks from Tampa Yard Greetings swoop in when no one is looking and turns customers’ yards into a wonderland of well-wishes or, if you prefer, pink flamingoes. They leave the signs in place for 24 hours, up to one week.
Then, like magic, they’re gone…”
— Fox 13 News, Tampa
Read entire article
by TRC_Admin | Apr 26, 2020 | City Signs, Codes
Photo: Sam Howard
“..Notice the takeout and delivery signs dotting Palm Beach County roads? Some towns are relaxing code enforcement to help out those businesses.Things look a little different lately on Palm Beach County’s commercial corridors.
There are fold-out signs propped up along sidewalks in Tequesta, banners along U.S. 1 in Jupiter and a hodgepodge of flags, banners and yard signs on Military Trail near the West Palm Beach city line.
Businesses, particularly restaurants, are doing what they can to promote their services during the coronavirus pandemic, luring motorists off the street and into their establishments to grab carryout food now that they are barred from serving meals on-site.
On the flip side, some Palm Beach County municipalities — among them Palm Beach Gardens, Jupiter and Tequesta — say they are relaxing enforcement of ordinances that regulate where businesses can prop up signs and how those advertisements look.
‘We knew that the whole COVID thing was going to impact their business and we felt like that if we gave them the option to use kind of inexpensive means to notify the public that they’re open for takeout and delivery, it might tide them over through this,’ said Dean Fowler, Jupiter’s code compliance supervisor…”
— Sam Howard, Palm Beach Post
Read entire article
by TRC_Admin | Mar 7, 2020 | Advertising Industry, City Signs, Codes, Controversial, Legal
Photo: Villages-News.com
“Two elected officials in The Villages have raised objections to residents one day soon purchasing the golf cart bridges that will act as billboards advertising Florida’s Friendliest Hometown.
The golf cart bridges being erected across State Road 44 and the Florida Turnpike will provided a crucial artery for golf cart transportation to and from the Village of Fenney, the massive yet-to-be-constructed Villages of Southern Oaks and other areas in the southern end of The Villages…
‘I don’t know what it’s costing to build those bridges, but it’s got to be millions,’ said CDD 8 Supervisor Larry McMurry. ‘We are going to get to buy it, and we are going to get to maintain it.’
He said it’s not too soon to begin forecasting what the cost of maintenance of the bridges will be, if for nothing more than ‘transparency’ for the residents who will soon be footing the bill…
CDD 8 Supervisor Sal Torname had a slightly different take on the golf cart bridges that remain under construction in the southern end of The Villages. He said the bridges are giant advertising billboards for The Villages.
‘Why doesn’t the Developer offset the cost for us with advertising expense? We are promoting The Villages,’ Torname said. ‘We are providing the structure that supports the advertisement for The Villages, and they are selling housing.’
A district official said PWAC will take over maintenance of the bridges ‘six months after they are operational.'”
— Meta Minton, Villages-News.com
Read entire article here
