Panel OKs Proposal to Ban Billboard Ads

Nearly all the billboards in Los Angeles that advertise tobacco and alcohol products would have to be removed under a draft ordinance approved Thursday by the Los Angeles City Planning Commission.

The proposal, pushed by City Councilman Mike Feuer, would ban such billboards within 1,000 feet of schools, parks and homes--an area so vast that it is estimated it would effectively outlaw such ads on 96% of the city’s billboards.

“Too many kids illegally consume alcohol and tobacco. The city has a responsibility to attack that problem,” Feuer said.

But opponents argued that the proposal threatens 1st Amendment rights. “What the city proposes to do is ban speech about lawful products simply because it doesn’t like the speech,” said attorney Rex Heinke, who represents Phoenix-based Eller Media Co.

Said Edward Dato, a vice president of Eller, “This is way over the top. It goes far beyond what is reasonable.”

Dato said 12% to 18% of the company’s business is alcohol and tobacco advertisements.

The draft ordinance would also ban alcohol and tobacco advertisements on store signs and displays visible from the street.

The full City Council is expected to consider the draft ordinance in May. Last year, the council directed the Planning Department to conduct a study of the proposal’s feasibility.

If approved, Los Angeles would join a handful of other cities, including Tacoma, Wash., and Baltimore that have sought to restrict billboard advertisements that encourage smoking and drinking.

The draft ordinance cleared the Planning Commission by a 3-1 vote. Commissioner Robert Scott, a San Fernando Valley attorney, opposed it. Scott said he was concerned the ordinance would not be enforced, and could leave the city vulnerable to legal challenges.