Lamar files appeal over Sprint sign decision
Pittsburgh Post-Gazette
Lamar Advertising has fired the latest shot in the battle over the Sprint banner affixed to the former Bayer sign atop Mount Washington, accusing the city's zoning board of trying to silence its first amendment rights by ordering the sign’s removal.
The company has filed an appeal in Allegheny County Common Pleas Court seeking to overturn a Feb. 16 decision by the Zoning Board of Adjustment, which denied Lamar’s protest appeal and ordered the vinyl banner’s removal.
In its appeal, filed Wednesday, Lamar described the board’s decision as “arbitrary, capricious, unfounded, contrary to the evidence, contrary to law, replete with errors of law and politically motivated.”
Lamar’s action sets up dueling legal battles before the court.
Based on the zoning board ruling, the city earlier this week filed a complaint seeking an injunction to require Lamar to immediately remove the banner, which has been in place since May 31.
As part of its appeal, filed by attorney Jonathan Kamin, Lamar maintained that it only put up the banner after the city failed to act for more than two years on its request to modernize the historic former Bayer sign that has been a fixture on Mount Washington for nearly 90 years.
The company insisted that the yellow banner with black lettering proclaiming “Pittsburgh WINS with Black & Yellow” actually addressed city concerns about the appearance of the Bayer sign it covered and protected the sign from further deterioration.
In denying Lamar’s protest appeal, the zoning board found that the installation of the 7,200-square-foot vinyl static advertising sign as a replacement for a nonconforming 4,500-square-foot electronic sign violated a section of the city zoning code, which states that nonconforming signs “may not be enlarged, added to or replaced by another nonconforming sign or by a nonconforming use or structure.”
Lamar disputed that. Citing testimony from its protest appeal, the company argued that erecting the Sprint banner was no different than its replacement of an ad on any other structure in the city.
“Lamar's placement of a new advertising copy on the billboard was permitted as of right. Lamar was not required to obtain new zoning approval from the city to continue to use the billboard in accordance with the occupancy permit, and in accordance with the manner which it has continuously used the billboard for 90 years,” the appeal stated.
It also stated that the U.S. Supreme Court has recognized the “pivotal importance” of outdoor advertising as a medium of communication for protected speech.
“The ZBA intentionally, and without privilege to do so, entered the ZBA decision for the express purpose of silencing Lamar’s commercial speech in violation of its constitutional rights” guaranteed by the First Amendment,” the appeal stated.
In response to the appeal, Kevin Acklin, chief of staff to Mayor Bill Peduto, said, “It's unfortunate that Lamar and Sprint have apparently decided again to not be good corporate citizens, and have chosen instead to ignore zoning laws and hold this city hostage to a blighted eyesore on a prominent location on Mount Washington.”