Hedgecock, Gotch Sued over Billboard Removal

An outdoor advertising company has filed a $3.4-million lawsuit against the City of San Diego, former Mayor Roger Hedgecock and City Councilman Mike Gotch, charging the two men with using their political influence to terminate leases that the company had for 12 billboards with a private landowner.

The civil complaint was filed in U.S. District Court on Monday by Metromedia Inc., parent company of Foster & Kleiser and of Outdoor Advertising Associates, a partnership working with Foster & Kleiser.

The joint operation lost leases to the 12 billboards last July because of a city policy initiated by Hedgecock and Gotch to “further their viewpoints,” which looked unfavorably on billboards, the complaint claims.

According to the suit, Hedgecock and Gotch “formulated a city policy of exerting political power to coerce private landowners to terminate their outdoor advertising display leases” with Foster & Kleiser.

Attorneys for the advertising firm called the policy arbitrary and discriminatory and designed to rid “selected” areas of the city of billboards.

In addition, the complaint alleges that Hedgecock and Gotch took the action in furtherance of their political careers. The pair engaged in a conspiracy that caused Foster & Kleiser to lose the billboards, valued at $380,000, which were on property along the railroad tracks near Interstate 5 and managed by Santa Fe Public Realty Corp., the suit says.

It also alleges that Hedgecock and Gotch used “promises and threats” relating to future downtown developments by Santa Fe to persuade the company to cancel the leases it had with Foster & Kleiser. The billboards were on company property along the railroad tracks.

Attorneys for Foster & Kleiser charge that the removal of the billboards violated federal and state laws that prohibit their removal without compensating the company. Removal of the billboards also violated Foster & Kleiser’s constitutional rights under the First and Fourteenth Amendments, the complaint charges.

The company’s attorneys asked for a jury trial and for a federal order to stop the city from enforcing its policy of prohibiting billboards in certain areas of San Diego. The suit charges that the policy is not clearly defined and lends itself to abuse by city officials who “exercise unfettered discretion” when issuing or denying billboard permits.

The City Council rejected a $1.4-million claim by Foster & Kleiser on Jan. 13, forcing the company to sue in federal court. Besides the $1.4 million in damages, the suit asks for $2 million in punitive and exemplary damages.

Hedgecock and Gotch were unavailable for comment.