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  • Aerial advertising banned

    A breaking news story linked here on aerial advertising being banned:

    "A federal appeals court today upheld Honolulu's ban on aerial advertising, rejecting an appeal by anti-abortion advocates who said the rule restricted their free speech. The San Francisco-based 9th U.S. Circuit Court of Appeals said the Honolulu law was a reasonable restriction on speech in a nonpublic forum.
    "The Center for Bio-Ethical Reform sued the city in 2003, saying it had a right to fly over Oahu 100-foot long banners displaying graphic images of aborted fetuses. The organization has flown similar banners above heavily populated areas in other states to promote its pro-life, anti-abortion message.
    "But the court noted Honolulu has long restricted outdoor ads to protect Oahu's scenic beauty. The city banned aerial advertising in 1978.
    "The judges noted banner towing isn't a historically important form of communication or speech, adding there are other ways people can express themselves.
    "The decision affirms an August 2003 ruling by U.S. District Judge Ann Aiken."
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    That's my story, and I'm sticking to it.

  • #2
    Re: Aerial advertising banned

    I like it--the continuation of the ban, that is.

    But when I was growing up on the Jersey Shore, I used to love watching those planes go by with their banners. Moms and dads didn't have to worry about splattered fetuses flying by, though. The raciest of the banners encouraged the groovy set to get to Joe Pops that night for live music and 75-cent beers. The really racy ones were for Coppetone and featured Jody Foster's cute little butt being exposed by a puppy. Noxema was another one--for use after the sunburn.
    Don't think the flying banners of today would be as quaint.
    Aloha from Lavagal

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    • #3
      Re: Aerial advertising banned

      I'm glad for the ruling, too. I don't care if it's aborted fetuses or "Eat At Joe's" or "Vote for Bob." I'd rather not have it in my sky.

      Interesting that Honolulu's established past precedent of banning obtrusive advertising methods was a key part of the ruling. For example, had the ban been the first such sweeping advertising restriction, a court could determine that the city was clearly trying to head off a specific kind of message. Instead, the city lets it be known that whether it's a banner behind a plane or a soda machine, it's going to limit what can be advertised.

      As we've discussed in the Billboards thread, there are a lot of inconsistencies and head-scratching judgements when it comes to what's okay and what's not, and what the Outdoor Circle chooses to pick as a cause. But I'm glad for this particular victory.

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      • #4
        Re: Aerial advertising banned

        Besides, that billboard they were driving though the park was uncalled for. It went way too far. What were they going to do? Fly those pictures of dead babies over the beach?

        Oh, and to the driver of the truck: if you are going to drive that truck around the park so everyone has to look at it, then have enough courage to show your face instead of blacking out your windows.

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        • #5
          Re: Aerial advertising banned

          Bob Loy of the Outdoor Circle sent out a triumphant e-mail yesterday on this ruling:
          It is with great pleasure that we report that the U.S. Ninth Circuit Court of Appeals has unanimously ruled in favor of Honolulu’s ban on aerial advertising. As you know, The Outdoor Circle has been extremely active in this matter and participated as “amicus” or friend of the court, in support of the City and County of Honolulu.

          The ruling was overwhelmingly in favor of the City and completely rejected the argument of the plaintiff, the Center for Bioethical Reform, that the aerial advertising ban violates their constitutional right of free speech. It also rejected every other argument CBR raised in its lawsuit.

          In drafting the opinion for the unanimous decision the Honorable M. Margaret McKeown wrote, “Honolulu’s aerial advertising Ordinance is part of a long-standing scheme aimed at regulating outdoor advertising in order to protect the critical visual landscape that has made the area famous. The linkage between the scenic viewscapes and the economic well-being of Honolulu, including its tourist industry, is not disputed.”

          Early this afternoon our CEO Mary Steiner stood at the podium with Mayor Mufi Hannemann at a news conference attended by all Honolulu television stations and newspapers. She discussed the importance of the ruling in protecting the scenic beauty of our islands and The Outdoor Circle’s long involvement in this fight.

          “This ruling upholds one of the most basic beliefs of The Outdoor Circle, that the scenic environment of Hawai`i is as valuable a resource as any other part of the environment and that polluting it—regardless of the purpose—will not be tolerated,” Mary said.
          As an interesting aside, everyone's favorite legislator, Bev Harbin, hit "reply all" to send a congratulatory reply that also reminded everyone she used to work with Mary Steiner and that she's still a "proud member."

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          • #6
            Re: Aerial advertising banned

            Definitely a good ruling. I can't believe the pro-lifers had the chops to take on the Outdoor Circle! It's nice that the County, State and the Circle have kept billboards off of our streets, now we just need to rewrite the ordinance to stop that pesky truck from driving around, heck all trucks with ads all over them bug me anyway. I like haole_pupule's suggestion that they untint those windows. They're just a bunch of cowards.

            Jewlipino
            Last edited by Jewlipino; May 27, 2006, 05:17 PM.

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