June 14, 2006

Fayette Communities Protected Against Litigious Billboard Companies

CHICAGO — The 11th Circuit Court of Appeals provided resounding support to communities facing challenges by litigious billboard companies with its en banc decision in Tanner Advertising Group, LLC v. Fayette County, Georgia, 2006 WL 1567244 (C.A. 11 (Ga.)) on June 9, 2006.

This decision is a major victory for local governments in maintaining the authority to preserve scenic views and the right to determine the location, size and placement of billboards within their communities. The justices ruled against the billboard company on all the issues it raised on appeal.

The Tanner case mirrors the billboard industry's litigation strategy in many cases still pending around the country. APA has filed amicus briefs in five other similar cases, in California, Minnesota and Tennessee.

Earlier this year, the American Planning Association with its Georgia, Florida, and Alabama state chapters, joined Scenic America, the International Municipal Lawyers Association, and the League of California Cities in an amicus curiae brief urging the 11th Circuit to dismiss the billboard company's lawsuit, arguing the company did not have standing to challenge Fayette County's entire sign code.

In its amicus brief, APA argued, "Tanner and its cohorts seek to litigate in the stratosphere of free speech theory on behalf of unknown, unidentifiable third parties. Despite the high-minded posturing, their goal is on the ground: huge, multi-ton, permanent structures which do nothing but display advertising, blocking the public view, for decades."

The amicus brief was prepared by Shauna F. Morris of Frazer, Hubbard, Brandt, Trask & Yacavone, LLP in Dunedin, Fla.; Randal R. Morrison of Sabine & Morrison in San Diego; and John M. Baker of Greene Espell, P.L.L.P. in Minneapolis.

Contact

Roberta Rewers, APA Public Affairs, 312-786-6395; rrewers@planning.org