Few items stick deeper in the craw than special-interest
legislation aimed at undermining the good-faith
community-improvement efforts of local leaders. One such effort is
the billboard-control ordinance that Myrtle Beach City Council
enacted in 1995, an ordinance that was supposed to take full effect
last year.
It didn't take effect because the two 800-pound gorillas of
outdoor advertising in Myrtle Beach, ClearChannel and Coastal
Outdoor Advertising, filed a last-minute lawsuit to stymie it.
Burroughs & Chapin Co. Inc., Coastal Advertising corporate
parent, dropped out of the lawsuit earlier this month, apparently to
grease the skids for city approval of a sign plan for the Mall of
South Carolina. A federal court will decide whether there is merit
in ClearChannel's claim that the city owes compensation for the
billboards that would be removed or downsized and that the ordinance
violates First Amendment commercial speech protections.
But now, in Columbia, comes Sen. Hugh Leatherman, R-Florence,
with a bill that would change the rules under which City Council
enacted the ordinance. Billboard companies love Leatherman's bill,
which would require cities wishing to remove visual pollution to
compensate monetarily billboard companies for their
inconvenience.
Current S.C. law does require compensation of a sort. Rather than
allowing cities such as Myrtle Beach to say "Take down or downsize
your billboards now," the law requires a lengthy waiting period
before an ordinance can take effect. Giving sign companies time to
adjust to the new requirements is a form of compensation. They can
amortize losses by adjusting gradually to the rules.
Rather than adjust to the ordinance between 1995 and 2002, the
two local 800-pound gorillas arrogantly ran out the clock. Then, via
the lawsuit filing, they hollered like stuck hogs that City Council
had trashed their rights, hours before the ordinance was to take
effect.
Myrtle Beach legislators Sen. Luke Rankin and Rep. Alan Clemmons
should lead the Horry County legislative delegation in fighting
Leatherman's bill, a similar version of which is slated for
introduction in the S.C. House. It would be an outrage for the
General Assembly to change the rules on which the city banked its
hopes for creating a more orderly visual environment.