Banner Crop of Ethics Questions

While the Los Angeles City Council debates an ordinance that would regulate street banners, the flap over their commercial use by ABC-TV and over the recent display of controversial religious ones in the West San Fernando Valley continues.

The current city policy, which prohibits the commercial use of banners, is under scrutiny because some nonprofit organizations that hang them--such as the Los Angeles County Museum of Art--are sponsored by corporations. Also, some residents question whether banners promoting controversial beliefs should be permitted.

DIANE WEDNER asked a rabbi, a constitutional lawyer and a chamber of commerce member what restrictions, if any, should be included in a new city ordinance on banners, and what the 1st Amendment implications might be.

RABBI ED FEINSTEIN

Valley Beth Shalom, Encino

I’m not offended by nonprofits like the county museum hanging banners, because it’s nice that corporations support the arts and community organizations. I was put off by the ABC television campaign and am sorry the city gave in to them. Advertisements are ubiquitous, and I don’t want to have to face that on the streets. I don’t mind nonprofit organizations and community groups, such as schools, churches and synagogues, announcing their triumphs, fund-raisers or high holiday services. It’s good for the community to see that we have a great number of outlets for religious expression in the community and that they’re active.

The only regulations I would propose for these banners is that the organizations using them are nonprofit, and that they aren’t used to promote hate groups, such as the Ku Klux Klan. Just because a group’s religious expression conflicts with mine, we shouldn’t regulate it. The glory of America is that we tolerate those we disagree with. A citizens panel could have the final say about what constitutes hate speech. We have groups of citizens that decide movie ratings, so why not approve banners?

STEPHEN ROHDE

Constitutional lawyer; president,

ACLU of Southern California

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It’s clear to me that no government authority can open up a public forum and then turn around and decide which organization will have access to that forum, based on the content of the speech, and especially based on the negative reactions that others may have to that speech. I’ve seen examples of Messianic Jewish congregations’ banners and they are clearly communicating a message that reflects their religious beliefs. Whether the public agrees or not with the message, the government cannot remove or block those banners based on the public’s disagreement [with them].

Neighborhood panels charged with decision-making about the content of banners will reflect--no matter how well-intentioned they are--their personal religious, social, political, artistic and cultural viewpoints. The only exceptions to the 1st Amendment that are allowed are obscenity, libel and fighting words, which are narrowly construed by the courts.

WALTER PRINCE

Northridge Chamber of Commerce

board of directors

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I think that the commercial banners, such as those that ABC-TV hung up, are attractive and are a credit to the neighborhoods. What the city should do is set time limits for them to be up and issue permits on the basis of “the first to apply, the first ones up.” A fair fee for commercial banners might be $25 per banner, and no fee for nonprofits. Nonprofit groups should also be free to advertise events, such as the Taste of Encino. They’re fund-raisers, but they’re for the benefit of the community. Business Improvement Districts--areas where local property owners pay to upgrade their neighborhoods--should be allowed to advertise for free too.

How do we regulate community taste? I think there should be local control over the content of banners. A panel of three to five people made up of representatives from local chambers of commerce, religious institutions, the City Council office, and homeowners and renters could meet once a month to determine what is acceptable on the banners. Right now, design review boards decide what’s acceptable in terms of local architecture, colors and layouts of commercial and private developments. So this panel could be modeled after these boards that are already allowed by city ordinances.