Last September, the city of Houston was sued by billboard company RTM Media after officials threatened to issue citations under the sign code to dozens of advertisers using the company’s billboards in the city’s extraterritorial jurisdiction (ETJ). The intent was to enforce the new billboard ordinance, which among other things limited where new billboards could be put up, and which RTM had been cited repeatedly for violating. At the time, US District Court Judge Melinda Harmon ruled that the city’s strategy of going after RTM’s customers infringed on the advertisers’ free speech rights. She issued a temporary injunction preventing enforcement of the ordinance, which she later narrowed after the city said her order was too broad. Now Judge Harmon has reversed that order and ruled that the sign ordinance is constitutional.
U.S. District Judge Melinda Harmon dismissed a lawsuit filed by a company with signs in the city’s “extraterritorial jurisdiction,” rejecting claims the ordinance violated free-speech rights.
City Attorney Arturo Michel said the order allows authorities to move forward with criminal and civil enforcement against the company RTM Media.
“This goes to the city’s ability to enforce those types of nuisances,” Michel said. “The city can take action that can have some effect and force.”
The company still could appeal the order to the U.S. 5th Circuit Court of Appeals in New Orleans. Company officials declined comment Monday.
That’s a pretty big win for the city. Between this and Hurricane Ike, that’s a double blow to the billboard business. I’m glad for this ruling and look forward to a long-term reduction in roadside clutter.
The only positive thing about hurricane Ike was that it knocked down a bunch of old billboards that were eyesores and needed to be removed.
our troops continue to fight for our freedoms, while govt battles daily to take them away!! Govt is not your friend and billboards are protected under free speech