Illegal signs dot roads

[Proactive Volunteer]

Illegal signs dot roads
March 28, 2005


By Steve Lackmeyer
The Oklahoman

At least 226 illegal billboards are located along Oklahoma roads, despite legislation passed 40 years ago aimed at beautifying the nation's highways.
Some of the signs, catalogued in reports maintained by the Oklahoma Department of Transportation, were abandoned by owners long ago.

Others are put up by churches, schools and tourist attractions unaware of laws that require permits and restrict such advertising to industrial and commercial areas.

Mitch Surrett, a Department of Transportation attorney, said the agency hires contractors to inspect signs along the 6,500 miles of Oklahoma highways covered by the state and federal laws, and manages to find at least 100 violations every year.

Records obtained by The Oklahoman through the state Open Records Act show at least two dozen signs belong to regional and national outdoor advertising companies.

"Most of the illegal signs out there are not put up by the billboard industry," Surrett said. "They're actually advocates of the rules."

Those rules -- established in 1965 by the Highway Beautification Act -- were championed by Lady Bird Johnson. State laws were passed a few years later. They restrict construction of billboards in scenic areas and require a minimum 1,000 feet between signs.

The billboard industry, with sales expected to hit $6 billion this year, hails the legislation as a victory for keeping scenic highways clear of sign clutter.

Beautification advocates say the sign industry hijacked the legislation and reversed more restrictive measures passed by cities and towns across the country.

Construction banned on I-40
Jann Hook led a successful effort last fall to ban billboard construction along a new stretch of Interstate 40 being built south of downtown Oklahoma City, over the protests of sign companies.

The Oklahoma City Council sided with Hook over opposition from businessmen such as Dick Stubbs, who argued billboards are critical to his Cattlemen's Steakhouse in Stockyards City.

"It's a quality of life issue," Hook said. "There is litter, sign clutter, illegal dumping -- all things that detract from quality of life."

Hook cites the current segment of the I-40 Crosstown Expressway as an example of how the 1965 legislation failed to clean up sign clutter by allowing existing signs to remain indefinitely.

Illegal numbers low?
A few years ago, hundreds of billboards were removed by the state every year. This number has dropped to about 100 since 2003.

Hook thinks the number of illegal billboards reported by the state might be too low. She also accuses the industry of putting profit before civic pride.

"They're doing nothing to make them fit in," Hook said. "This is an industry that makes a whole lot of money, enormous profits, because we allow them to place large signs in close proximity to highways that we built and paid for."

Brown Douglas, general manager with Lamar Outdoor Advertising, said his company has reported illegal signs. Records show his company has two illegal billboards.

Montie Smith, supervisor of the Department of Transportation's registration and permits office, said Lamar has a permit application pending for one sign. Lamar inherited the second illegal sign from a company it bought a few years ago.

Pennsylvania-based Magic Media inherited at least a half-dozen illegal signs when it took over bankrupt Tri-State Outdoor Media last year.

Ron Lamar, general manager with Magic Media's regional office in Kansas, said his company was unaware of the illegal signs but promised they will be removed.

"These are predominately things that occurred before we bought the company," Lamar said. "We inherited hundreds of problems in nine states, and we're just trying to clean them up."

Smith and Surrett say clouded ownership is one of the biggest obstacles they face in removing illegal signs.

When all other efforts fail, Surrett said, he contracts with attorneys statewide to force companies to comply with the law. It's an option that wasn't available until Congress agreed to fund enforcement in 1991.

"We'll usually require them to cover legal fees in exchange for settling a case," Surrett said. "Generally, when we go to court, they know we're serious."

Douglas supports the state's enforcement efforts. Lamar cites a study by the Outdoor Advertising Association of America that shows the number of billboards across the country has dropped from 2.5 million in 1965 to fewer than 1 million today.

"The law has had a dramatic impact on us getting out of the scenic areas and limiting us to commercial and industrial areas," Lamar said.

Hook thinks the billboard ban along the future path of I-40 proves the public is ready for a bigger crackdown on outdoor advertising. She believes the discussion should and will continue.

"I don't know when it will come up again, but I think there is a change in the public's attitude and philosophy," Hook said. "There are more people wanting to make changes that will advance our quality of life."

Battle over billboards
Signs built before 1972: 1,401

Illegal signs: 226

Top counties with illegal signs

Rogers: 17

Tulsa: 13

Wa****a: 13

McIntosh: 10

Wagoner: 10

Garvin: 9

Seminole: 9

Texas: 8

Signs removed

2000/2001: 538

2001/2002: 375

2002/2003: 267

2003/2004: 78

2004/2005: 95

[Patrick]

I support any measure to limit illegal signs along roads, regardless of who they're placed by. Unfortunately, many people just don't know the law. We can't blame Lamaar and other major companies for this. Seems like they're following the law.

Maybe we just need to make the state law clearer, because even I didn't know that laws were in place to limit churches, schools, etc. from advertising on their own billboards along highways.

[Karried]

Interesting..... is there a number we can call to report an unsightly falling apart /billboard/signs?

[Midtowner]

I support any measure to limit illegal signs along roads, regardless of who they're placed by. Unfortunately, many people just don't know the law. We can't blame Lamaar and other major companies for this. Seems like they're following the law.

Maybe we just need to make the state law clearer, because even I didn't know that laws were in place to limit churches, schools, etc. from advertising on their own billboards along highways.

I think the law should apply to schools and churches as well. Have you seen the ads that some church took out on I-235? "One nation under me -- God". Tacky as heck, and to visitors, it really helps out our whole Bible thumper stereotype.

[Patrick]

I think the law should apply to schools and churches as well. Have you seen the ads that some church took out on I-235? "One nation under me -- God". Tacky as heck, and to visitors, it really helps out our whole Bible thumper stereotype.

Actually, a church didn't take those out. A religious nonprofit has been taking those signs out nationwide over the past few years.

I have no problem with churches leasing space on signs. The problem I have is churches and other groups constructing their own billboards along highways without seeking the permission of ODOT.

If they're willin to pay Lamaar to lease sign space, churches are entitled to do that, just as any other business is. What the put on those signs is their business.

[Midtowner]

Actually, a church didn't take those out. A religious nonprofit has been taking those signs out nationwide over the past few years.

I have no problem with churches leasing space on signs. The problem I have is churches and other groups constructing their own billboards along highways without seeking the permission of ODOT.

If they're willin to pay Lamaar to lease sign space, churches are entitled to do that, just as any other business is. What the put on those signs is their business.

Oh, I agree that they have the right to do it. I just don't have to like the way that they do it. I'm religious, even a Christian, but I don't believe that Jesus would approve of us buying billboards to attempt to guilt others into believing certain things.

It's one of those WWJD things.

[Patrick]

In a sense, I think it was sort of a joke by the company that's putting those billboards up. You know, kind of humorous.... It was never meant to really be taken seriously.