Ruling on sign runs into snag, Billings, Montana

Published on Friday, May 04, 2007.

By TOM HOWARD Of The Gazette Staff

The Montana Transportation Commission has delayed for 30 days its decision on a plan to allow a company to erect an electronic billboard on Main Street near MetraPark.Transportation Commission Chairman Bill Kennedy said the commission delayed action because Tim Reardon, an attorney who represents both the Montana Department of Transportation and the board, disqualified himself from the case. An attorney for Lamar Advertising, the company applying for the sign permit, said Reardon should declare a conflict of interest because he can't represent the MDT and the commission, Kennedy said.Kennedy, who is also a Yellowstone County commissioner, said he also recused himself from the discussion because Lamar had questioned the legality of proposed electronic message boards that will be built as part of a new advertising program for MetraPark. The discussion on Lamar's proposal will be led by Vice Chairwoman Nancy Espy, Kennedy said. He said the commission will hire an outside lawyer for representation during the meeting on Lamar's case.For more than a year, Lamar Advertising has been trying to obtain a permit that would allow it to construct a "commercial electronic variable message sign" on a billboard that the company owns near the Country Inn and Suites Motel, just a few hundred yards from MetraPark."Commercial electronic variable message sign" is the term that MDT uses for an electronic billboard, a new type of sign technology in which printed paper or vinyl is replaced by thousands of computer-controlled light-emitting diodes. LED billboards show the same kind of "static" advertisements - pictures and text - that appear on traditional printed billboards, but the message can be changed quickly.The MDT denied Lamar's application for an electronic billboard last year, and Lamar appealed. A hearing officer upheld the denial earlier this year, and the sign company has appealed the decision to the commission.Paul Dennehy, general manager for Lamar Advertising, said his company's proposal isn't much different from outdoor electronic reader boards that will be used as part of a new MetraPark's advertising plan for MetraPark. The new plan uses electronic signs located inside and outside the arena.MDT Director Jim Lynch said Lamar's request to build an electronic billboard on Main Street was rejected because it would feature "off-premises advertising" - a promotion for a business that's not where the sign is. MetraPark's proposed electronic signs comply with MDT regulations because it will advertise only products and services available on site, Lynch said in an earlier interview with The Gazette.Kennedy said MDT officials met recently with the commissioners and MetraPark staff to discuss the electronic signs. MetraPark's new signs comply with MDT regulations, he said.

Source: Billings Gazette