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..... The opinions expressed in these articles and features are those of their author and do not necessarily reflect the positions of McANA or the opinion of its Directors or Officers. |
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Signage
Tidbits -- Spirit & Place, on Saturday, November 9, 2002, hosted a mock trial at the IU School of Law. A real judge presided and real attorneys provided representation for the billboard company and the student. McANA’s own Norm Pace, Land Use Chair and Director for Warren Twp., was a witness for the defendant. The scenario: An outdoor sign company signed a lease with a landowner and obtained the appropriate permits and waivers to erect an extra large billboard on a piece of property that a high school biology class had been monitoring as part of their studies. To erect the billboard, trees had to be cut. The billboard was to be lighted at night. The property was near a stream that was a nesting area for an endangered red-tailed owl. The students were not aware of the pending billboard construction until they saw the trees marked for cutting, which was after the company had all the permits necessary. Because they had no other recourse, the students held a sit-in on the newly erected billboard before the advertising could be placed. This delayed the placement of the advertising for several days. The billboard company brought a civil suit against the students for loss of revenue and damages. The issues discussed: 1. The minimal notification required by regulations that were written primarily by the billboard companies. 2. The right of billboard companies to make money—especially if they follow the rules and regulations. 3. The roles of freedom of speech and civil disobedience in the history of the United States, and the importance of participating in government to change the system as they are applied to this issue. 4. The frustrations of being too late to be heard. The Outcome: A jury, hand picked by the judge, included Hoosier Environmental Council members, community activists and outdoor advertising representatives. They determined in favor of the billboard company but recommended a fine but no damages. The outcome was considered a draw, because no damages were directed and clearly the sign company and done everything correctly. The students were acting out of frustration! This was an entertaining opportunity to publicly air some of the issues that we have regarding outdoor advertising. The scenario did not allow for some problems that we have seen to be discussed—like permitting errors that have allowed billboards to go up legally and then corrective waivers to be given—but it was a beginning. We currently have another opportunity to participate in regulating this issue. The Comprehensive Land Use Planning groups are meeting around the townships now. Be sure to participate, because each land use (zoning) designation has signing regulations linked to it. Contact your Township Administrator to find out when those meetings come to you. McANA thanks the Spirit and Place Festival for including the topics in its events. More public focus is needed. send comments to webmaster@mcanaindy.org |
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2002
