Billboard dispute headed to court

Photo by john larson

BECAUSE DISSENT MATTERS. Someone made his or her feelings toward Clear Channel obvious on this billboard in Proctor District.

The battle between the city of Tacoma and Clear Channel Communications is heating up, on the streets and in the courts. An ordinance passed by Tacoma City Council in 1997 gave billboard owners a deadline of Aug. 1, 2007 to remove billboards deemed by the city to be too large or disruptive, specifically those more than 300 square feet or within 250 feet of a residential area, church, school, historic district or park. The council's action at the time was in response to the erection of a 600-square-foot billboard at South Union Avenue and Center Street.

The council granted billboard owners a 10-year amortization period to recoup their investments.

Clear Channel, a San Antonio-based company that owns radio stations and billboards around the nation, ended up owning all of the billboards in Tacoma, primarily from its acquisition of billboards formerly owned by Ackerley Communications of Seattle through its subsidiary Clear Channel Outdoor.

In late July, the company filed suit in Pierce County Superior Court challenging the legality of the law on constitutional grounds.

It has also launched a war of words. A majority of its billboards in Tacoma had the advertisements removed, replaced with a blue background and the words "Constitutions Matter" red and white lettering. The company's argument is based upon the fact the ordinance permits political messages on signs, but not advertisements for businesses.

City Manager Eric Anderson sent a letter dated July 30 to Randall Mays, president and chief financial officer of Clear Channel Outdoor, indicating the city had received the company's summons and complaint for declaratory judgment and injunctive relief filed July 26.

In his letter, Anderson stated his disappointment with Clear Channel's legal tactics and remorse that the two sides could not avoid litigation.

"We are very hopeful we can work with the city to find a resolution to this situation," said Tony Alwin, senior vice president of creative marketing and public relations at Clear Channel Outdoor's headquarters in Phoenix. He could not respond to further questions, as Clear Channel policy is not to discuss litigation matters.

On Aug. 2 Anderson said he was still holding meetings with the city's legal staff to formulate strategy. "We tried to negotiate. They feel negotiating is not the way to handle this," he said. "We will settle this in the courts. We believe we have a strong case and are happy to meet them there."

Anderson and the council held an executive session, closed to the public and media, to discuss the matter Aug. 7. Afterwards, Councilmember Tom Stenger said a decision was made to take the matter to federal court, noting it is a more suitable venue to decide a First Amendment matter. He would not comment further on the matter.

Several of the "Constitutions Matter" billboards have been defaced, including two in Proctor District on which someone spray-painted "Death to Clear Channel." One downtown across the street from city hall had the message "Mr. Baarsma, please tear down this billboard," a reference to a famous quote by President Ronald Reagan to Soviet Union leader Mikhail Gorbachev in the 1980s, urging the Soviets to tear down the Berlin Wall.

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