You won’t find many digital billboards in Lexington. Lawsuit tries to change that.
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An advertising company has filed a federal lawsuit against the Lexington-Fayette Urban County Government over a regulation that bans freestanding electronic billboards in the county.
Lamar Advertising of Lexington argues that prohibiting the installation of off-site electronic billboards in the county is a violation of free speech, according to the complaint filed in the federal court’s Eastern District of Kentucky.
The company applied in September of last year for 20 permits to allow them to change existing “static” billboards to electronic ones, but the city denied the request, citing regulations against digital signs that are not on the premises of a business, according to the lawsuit.
The permits were denied because they involved a “non permitted sign type,” according to court records.
Lamar Advertising Company specializes in outdoor advertising and is headquartered in Baton Rouge, La., according to its website.
When the city considered allowing digital billboards in 2018, a man with Lamar Advertising argued against the concern that the electronic signs were distracting to drivers.
The city has not yet passed an ordinance allowing digital billboards. The issue remains in committee.
Other counties, including Jessamine County, allow digital billboards.
Although they don’t address billboards, updated sign regulations passed the Lexington-Fayette Urban County Council’s Planning and Public Safety Committee on Feb. 2. That new sign ordinance will likely get its first vote at the March 2 council work session. The sign ordinance changes were necessary after a landmark U.S. Supreme Court case affected what governments can regulate about signs without violating a business or individual’s First Amendment right to free speech.
The update to the city’s sign ordinance started in 2017.
Attorneys for Lamar Advertising argued in the lawsuit that the regulations against digital billboards cause the public to miss out on an efficient and convenient way of presenting information related to business, politics, nonprofits, public safety and other commercial or non-commercial topics, including alerts on missing children or seniors.
“Because the messages can be changed quickly and easily, digital faces are particularly suited for public alerts, like Amber Alerts and Golden Alerts, and for messages presenting news, quickly developing events, and current civic and cultural events,” the company argues in the lawsuit. “Government officials regularly use Lamar’s digital signs to deliver emergency messages, such as Amber Alerts.”
The lawsuit seeks damages as well as an injunction that declares the sign regulations unconstitutional and orders the city to grant Lamar Advertising the permits for electronic billboards.
The lawsuit was filed last week and an answer from the city had not yet been filed. The city of Lexington does not comment on ongoing lawsuits, said Susan Straub, a spokeswoman for the city.
This story was originally published February 22, 2021 at 3:30 PM.
