BAN TO FACE COURT CHALLENGE; ALCOHOL AD PROHIBITION SET TO TAKE EFFECT.

Byline: Dominic Berbeo Staff Writer

Los Angeles officials expect to begin enforcing a ban Saturday on alcohol advertisements on billboards and store windows in most parts of the city, despite a judge's ruling Tuesday that allows a court challenge.

U.S. District Court Judge Spencer Letts released an order Tuesday denying the city's request to dismiss a lawsuit brought by a coalition of grocers, advertisers and the alcohol industry. The group contends that the law violates their First Amendment rights even though a similar law has withstood a court challenge in Baltimore.

The Los Angeles law bans alcohol ads on billboards and storefronts within 1,000 feet of residential areas and places where minors gather, such as schools, parks and religious institutions.

City Councilman Mike Feuer said the city will fight to keep the law, which he sponsored. ``This law has the unanimous support of the mayor, the city attorney and the council because it will help the city protect our children.''

Lawyers for the coalition said if the city begins enforcement Saturday, it runs the risk of being held liable for business losses should the court rule the law is illegal.

``The First Amendment simply does not permit government to make it a crime for legitimate businesses to communicate with adult consumers about the price and brand availability of alcohol beverages,'' said Steven Brody, a lawyer for the plaintiffs.

There are 5,799 retail stores in the city selling alcoholic beverages that could be affected by the law, according to the California Department of Alcoholic Beverage Control.

The city estimates the law would ban such ads and billboards from more than two-thirds of Los Angeles, with the exception of small pockets of industrial zones, according to Mike Tharpe of the Los Angeles Building and Safety Department.

The Building and Safety Department, which is the city's signage enforcement arm, will allow advertisers and store owners time to learn about the law, said spokesman Bob Steinbach. ``The issue here is not to put the businesses out of business. We'll have to break into it slowly with warnings and education.''

Xavier Flores, the director of Pueblo Y Salud who has teamed up with a dozen other grass-roots agencies to form the San Fernando Alcohol Policy Coalition, said they would be reaching out to the community to help enforce the law.

``We're going to do everything we can to get the community to demonstrate to the alcohol and tobacco industries that it is unacceptable to make money off targeting our youth to develop a future market.''

Although the City Council passed the law last year, it allowed a 12-month grace period to give advertisers time to terminate contracts and remove ads.

In Baltimore, the 4th Circuit Court Federal Court of Appeals upheld a similar law in a First Amendment free speech challenge from Anheuser-Busch in 1995. The court found no scientific proof tying signs to drinking by youngsters, but it decided that minors should be given special protection from advertising because they don't have the same ability as adults to analyze commercial messages.