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Court ruling limits billboards.


Last March, Infinity infinity, in mathematics, that which is not finite. A sequence of numbers, a1, a2, a3, … , is said to "approach infinity" if the numbers eventually become arbitrarily large, i.e.  Outdoor--North America's largest outdoor advertising firm--sued New York City New York City: see New York, city.
New York City

City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S.
 over its prohibition prohibition, legal prevention of the manufacture, transportation, and sale of alcoholic beverages, the extreme of the regulatory liquor laws. The modern movement for prohibition had its main growth in the United States and developed largely as a result of the  of commercial billboards within 200 feet of arterial arterial /ar·te·ri·al/ (-al) pertaining to an artery or to the arteries.

ar·te·ri·al
adj.
1. Of or relating to one or more arteries or to the entire system of arteries.

2.
 highways. They claimed that the city's signage laws unconstitutionally violated vi·o·late  
tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates
1. To break or disregard (a law or promise, for example).

2. To assault (a person) sexually.

3.
 their First Amendment rights.

Last week, the city rejected Infinity's legal challenge to the city's billboard regulations. The Municipal Arts Society filed an amicus brief supporting the city in this suit, and they viewed the rejection as a victory.

"This is a significant victory not just for the city but for municipalities all over the country that are trying to protect the appearance and character of their neighborhoods against the unrelenting onslaught of billboards," said Jane Rudofsky, counsel for the Municipal Arts Society.

Many commercial owners rent the exteriors of their buildings to outdoor signage firms. Doug Sarini, who owns several West Side industrial buildings as head of Manhattan. Mini Storage, was dismayed at the ruling.

"I think ads should be permitted in industrial areas," said Sarini, who relies on these advertising revenues.

The ruling could have a dramatic effect on property owners like Sarini who benefit from outdoor signage. Laws already exist that limit outdoor signage in residential areas. Now it appears that the prohibition of commercial signage Commercial signage identifies a business or similar entity, assists in wayfinding and attracts customers. In societies where literacy is not widespread, such signs are necessarily primarily based on images rather than words.  in commercial districts is likely.

A spokeswoman from Infinity claimed to know nothing about the ruling, though she seemed interested in what she was told. At presstime press·time  
n.
The time at which a publication, especially a newspaper, is submitted for printing.
, she had not returned cal is for comment.

"We've always been concerned with these signs. But the Municipal Arts Society thinks that 42nd Street is a great use of signs. It's just that these signs are everywhere else," said Rudofsky.

The new enforcement provisions will increase the fines for illegal signs while giving the city the right to remove illegal signs via nuisance nuisance, in law, an act that, without legal justification, interferes with safety, comfort, or the use of property. A private nuisance (e.g., erecting a wall that shuts off a neighbor's light) is one that affects one or a few persons, while a public nuisance (e.g.  proceedings. Prior to the ruling, illegal signs had to be removed by going through the criminal courts.

The only good news to come Out of this for signage firms is that most existing signs can be "grandfathered" as long as they have a valid Department of Buildings permit.

The MAS has maintained all along that municipalities should be allowed to protect their citizens quality of life through "reasonable signage controls."

Now that Infinity has lost its suit, the MAS will be working to remove any illegal signs.
COPYRIGHT 2001 Hagedorn Publication
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Infinity Outdoor Inc. (New York, New York)
Author:Chapman, Parke
Publication:Real Estate Weekly
Article Type:Brief Article
Geographic Code:1USA
Date:Oct 31, 2001
Words:379
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