Can Lexington keep banning electronic billboards in city? What federal judge decided
A federal judge ruled Monday that Lexington’s current ban on electronic billboards was constitutional.
U.S. District Judge Danny Reeves wrote the city’s ordinance that bans electronic billboards was “a valid content neutral regulation of speech.”
Lamar Advertising, which estimates it has one hundred billboards in Fayette County, filed a lawsuit in the U.S. District Court of Eastern Kentucky in February 2021, alleging the city’s ban on electronic billboards violated the First Amendment among other claims.
The company applied in October 2020 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 city made major changes to its sign ordinance in March 2021 after a landmark U.S. Supreme Court decision that affected what governments can regulate about signs without violating an individual’s or businesses’ First Amendment right to free speech. That ruling determined what “content neutral” speech was and how courts should examine legal claims about content neutral speech.
City lawyers argued the city had a right to limit electronic messaging boards because of public safety concerns — the billboards could be distracting to drivers. City officials have also raised concerns about beautification and keeping scenic watersheds clear of digital clutter.
Susan Straub, a spokeswoman for the city, declined to comment.
Other Kentucky counties, including Jessamine County, allow electronic billboards.
Lawyers for Lamar Advertising were not immediately available for comment. It’s not clear if Lamar will appeal Reeves’ decision to the U.S. Sixth Circuit Court of Appeals.
