Memphis Judge Throws Out State Billboard Act

Throwing out a law that’s governed outdoor advertising in Tennessee for the past 45 years, a federal judge in Memphis has ruled that the state’s Billboard Regulation and Control Act is an unconstitutional restriction of free speech.

U.S. District Judge Jon P. McCalla said the 1972 law “does not survive First Amendment scrutiny” because it bans some forms of commercial and non-commercial speech based on content. The ruling Friday came down on the side of Memphis billboard operator William H. Thomas Jr., who had alleged in a lawsuit that Tennessee Department of Transportation officials violated his constitutional rights in their efforts to remove a sign he constructed at the Interstate 40-240 interchange in East Memphis despite being denied a permit for it.

 

A massive digital billboard near the Eisenhower Interchange has to be removed because it violates state regulations regarding highway beautification and driver safety, a Commonwealth Court panel ruled Monday.

The problem, Judge Patricia A. McCullough wrote in the state court’s opinion, is that the 57-foot-high V-shaped sign is a distraction that is simply too close to the interchange of Interstates 83 and 283 and also is visible to drivers on Route 322.

Unlike other traditional advertising platforms like magazines and newspapers, out-of-home advertising such as billboards and subway posters grew almost 7% last year, mostly due to the rapid conversion of static ad spaces to digital. Per eMarketer, roughly 50% of all out-of-home ads will be digital this year, up 10% from 2014.

Why it matters: What used to plague out-of-home advertising growth was its inability to measure accurately how many people, and which types of people, saw the ads. But with the rise of digital screens and smartphone ownership, that’s all about to change. Andy Sriubas, EVP of OUTFRONT Media, one of the largest U.S. out-of-home ad companies, tells Axios that his company has created a new technology that will serve people the same billboards ads that they pass on the street on their smartphones in real time, doubling the impact. Digital billboard ads can also be sold programmatically, increasing the number of advertisers who can buy them which creates more demand.

What’s next: OUTFRONT is already experimenting with rotating, TV-like content on outdoor screens across different U.S. cities that will transform the ad business into a content business. The screens will feature rotating ads between clips of sports, weather and news updates.

Amid criticism about his proposed billboard bill, State Sen. Sonny Borrelli, R-Lake Havasu City, said he wants to clear the air.

Lake Havasu City and Mohave County residents expressed concerns about Borrelli’s second attempt at SB 1114. Some were concerned that the illuminated billboards would pop up along State Route 95, and others believed their local senator was in it for the wrong reasons.

However, Borrelli assures constituents that he’s pushed the bill, both this year and last, at the request of Bullhead City, and the city concurs.

“The industry is loving the Air Series LED Billboard. It’s easy to transport, easy to install, easy to service, and easy to sell to advertisers because it’s simply the most beautiful picture quality in the marketplace,” said President of Lightking, Timur Colak. “It’s also the longest lasting, brightest, and best-value-for-your-money LED billboard available today.”

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As one Lightking client said, “Lightking has done for our industry what Apple did when they launched the iPhone. This is our industry’s equivalent of the smart phone. Thank you for literally thinking outside the box.”

Lightking is the fastest growing manufacturer of premium LED billboards and signs in the United States. Its focus on innovative products and white-glove service ensures that its partners in the outdoor advertising and sign industries thrive. Lightking is the North American and Caribbean joint venture partner of Lightking Tech Group, a global leader in LED lamp and digital display technology with a presence in over 100 countries. Lightking’s products are designed, assembled, and supported in the USA.

For more information on Lightking and all of their products, go to www.lightkingoutdoor.com.