Council Restricts Street Banners

By Blair Clarkson
Staff Writer

Feb. 12 -- In a blow to local non-profits and small businesses, advertising banners can no longer be hung over City streets unless they promote events produced or co-produced by the City, Bayside District or Pier Restoration Corporation, according to an ordinance narrowly passed by the City Council Tuesday night.

Responding to a lawsuit against the city and concerns over the visual blight caused by the banners, the council reluctantly voted 4 to 3 to further restrict the current ordinance, limiting the use of banners to those events coordinated by the City, BDC and PRC.

Council members Pam O'Connor, Bob Holbrook, Ken Genser and Mayor Richard Bloom voted for the measure.

"I personally have no problem with the current ordinance," said Genser, noting that it created exceptions for over-the-street banners promoting civil or cultural events of general public interest.

"But we're being sued by a group called Food Not Bombs saying that our current ordinance is unconstitutional," he added. "The city could be liable for a significant fee. We have to protect the city's finances."

The new ordinance followed a council decision in 2001 to restrict signage on City streets to promote traffic safety, improve aesthetics and reduce visual blight.

According to the staff report, narrowing the banner exemption "would benefit the public by allowing the advertising of events and activities produced or co-produced by the City" and would "minimize visual clutter.

"Finally, it would insulate the City against legal claims by following case law which recognizes the government's right to use its own property to publicize governmental activities," the report said.

Small business advocates and members of non-profit organizations spoke out against the new ordinance and the restrictions it placed on vital advertising methods.

"Small organizations are already limited in our ability to generate revenue," said Beth Leader Pack of the Growing Place Preschool. "Without the ability to advertise on street banners, we would struggle even more than we do now."

"People find out about important events and health services through banners," added Kathy Dodson of the Chamber of Commerce. Businesses "are unable to replace that advertising."

"It's a tremendous way to promote community activities," agreed Gary Gordon, executive director of the Main Street Merchants Association.