A bill filed in the S.C. Senate would block communities from
ordering the removal of billboards without paying their owner.
If it becomes law, the bill could shackle Myrtle Beach's
billboard restriction plan, which is already being fought in court
by ClearChannel, the nation's largest billboard owner.
ClearChannel is suing the city because it ordered companies, at
their own expense, to take down billboards violating city
regulations.
"It's an end run around [Myrtle Beach]," said Jane Lareau of the
S.C. Coastal Conservation League, which is fighting the bill.
Whether it impacts Myrtle Beach's regulations depends on the
outcome of the lawsuit, the timing of the verdict and the final
wording of the bill.
The city's conflict with billboard owners began eight years ago,
when officials adopted new restrictions on the size, location and
spacing of billboards.
Officials gave billboard owners seven years to remove or
reconfigure more than 100 billboards that violated the new laws.
A day before the Oct. 10 deadline, the city's two largest
billboard owners, Coastal Outdoor Advertising and ClearChannel,
filed suit. Coastal, owned by Burroughs & Chapin Co. Inc.,
dropped out of the suit last week.
ClearChannel is demanding compensation for the signs' value and
accuses the city of violating S.C. and U.S. laws concerning free
speech and compensation for property.
So far, the city's resolve doesn't seem to be faltering. Last
fall, under threat of the lawsuit, City Council refused to extend a
deadline for removing the signs. Council members, citing the
lawsuit, will not comment on the issue.
Attempts to regulate billboards, however, are opposed by the
billboard industry and its allies in Columbia.
"They're bullies," Lareau said of the industry. "And they're
well-connected. They go in and hammer a city or county that tries to
oppose them until [the county or city] give up."
The bill, backed by Sen. Hugh Leatherman, R-Florence, would make
it impossible for cities to order the removal of billboards, or any
other nonconforming structure, without compensating the owner.
Though ClearChannel disputes this, S.C. law allows cities to
order billboards to come down, as long as officials set a time
limit.
Billboard industry lobbyists are strongly supporting Leatherman's
bill.
Leatherman's son-in-law, John Hardee, is an executive with
another billboard giant, Lamar Outdoor Advertising. He is also
president of the S.C. Outdoor Advertising Association, a trade
group.
In addition, Hardee serves on the S.C. Department of
Transportation Commission. DOT administrators have twice blocked
Myrtle Beach landscaping permits because of the city's stance on
billboards. Hardee said he has never voted on rules affecting the
billboard industry nor instructed a DOT employee to act in its
interest.
Hardee said he had nothing to do with Leatherman's bill, though
he would have an economic interest in the bill's fate.
Sen. Wes Hayes, R-York, chairman of the Senate Ethic Committee,
said people are free to introduce bills benefiting a group they
belong to as long as it's a large group.
Local government lobbyists and environmental groups oppose
Leatherman's bill.
"We're watching it," Myrtle Beach City Manager Tom Leath
said.
The DOT's roleis to regulate the billboard industry and to
protect the rights of owners, according to Conway-based attorney
Morgan Martin, who recently stepped down as DOT Commission chairman.
Martin represented Coastal in the suit against the city.
City Council members have accused the DOT of playing favorites.
Councilman Chuck Martino has called the DOT's actions
"blackmail."
ClearChannel is willing to discuss a compromise, according to
attorney Marguerite Willis of the Columbia firm Nexsen, Pruet,
Jacobs and Pollard LLC.
The company is willing to remove some signs while improving
others, she said. The company has also offered the city free tourism
advertising in other cities.
The (Columbia) State contributed to this report.Contact
DAVID KLEPPER at dklepper@thesunnews.com or
626-0303.
What this meansIf
passed, a bill currently in the S.C. Senate would force communities
that remove billboards to control clutter to compensate the
billboard owners. A similar bill is being introduced in the
House.
The impact on Myrtle Beach depends on when the law goes into
effect and the timing and possible outcome of a billboard-related
lawsuit the city is involved in.