Lease Dispute : County Strikes Back in Battle Over Billboard

The Los Angeles County Board of Supervisors voted unanimously Tuesday to explore whether the county can whitewash or tear down a billboard on county property that its owner refuses to dismantle.

For months, Supervisor Mike Antonovich promised homeowner activists that the billboard, leased on county land along the Ventura Freeway in Agoura Hills, would disappear this summer.

But the double-sided billboard, which advertises Marlboro cigarettes and new homes, is still standing.

And the standoff over whether it will remain or be removed will probably be resolved by a judge.

National Advertising Co., which leases the billboard from the county, recently filed a lawsuit in U.S. District Court against the county. The company maintains in the suit that its First Amendment right of free speech was violated when the county decided not to renew its billboard lease.

But Antonovich called the contention nonsensical Tuesday when he successfully urged the county to fight back. The Board of Supervisors instructed the county counsel to ask a judge to dismiss the suit and to order the company to remove or whitewash the sign.

Revenue Sought

In addition, the supervisors directed the county Facilities Management Department to recover any revenue that the billboard company has derived from the sign since the lease expired on June 30.

In his motion, Antonovich accused National Advertising of misusing the court process.

“This is strictly an issue involving a property owner and an expired lease with a tenant,” Antonovich said.

The county had already decided two weeks ago to take action against the company. On Sept. 14, the board authorized the county counsel to file an unlawful detainer action against National Advertising. The suit will be filed in Superior Court within the next few days, said Paul T. Hanson, deputy county counsel.

Gary S. Mobley, National Advertising’s attorney, said banishing the billboard would be comparable to the county shutting down a newspaper. An outdoor sign should be afforded the same protections as other forms of expression, such as newspapers, radio and television, he argued.

“The county has adopted a double standard when it comes to free-speech rights,” Mobley said. “There is no question we are dealing with First Amendment rights. We are talking about the right of the public who wants to see the message and the right of the public who wants to use this medium to communicate their message.”

After the lease expired, the company had 60 days to remove the sign, county officials said.

“The lease is very clear. I drafted it,” Hanson said. “They contend the county is acting wrongfully. I really don’t see that.”

The billboard was erected about 16 years ago on property now occupied by a county animal shelter. The county became a billboard landlord when it acquired the property in 1976.

This year, the county decided not to renew the lease after neighboring residents protested that the billboard and many others along the Ventura Freeway are eyesores.

In his bid for reelection, Antonovich has touted the supervisors’ decision not to renew the lease. But Baxter Ward, running against Antonovich, recently chided the supervisor at a debate for not doing enough to bring down the sign.

National Advertising’s suit also names the city of Agoura Hills as a defendant. The company contends that the city pressured the county to terminate the lease.

David N. Carmany, Agoura Hills’ city manager, said the city has strongly supported the billboard’s demise.

“We’re bidding the Marlboro man farewell,” Carmany said.