Judge strikes down Cleveland's liquor-billboard ban

By The Associated Press

08.20.01

Printer-friendly page

CLEVELAND — A judge has struck down the city's liquor billboard ban, which was aimed at eliminating alcohol-related signs in inner-city neighborhoods.

U.S. District Judge Donald Nugent ruled the 2-year-old ban unconstitutional and in conflict with state law.

The ordinance represented "a nearly complete ban on the communication of truthful information about legal alcoholic products to adult consumers," Nugent wrote in a ruling this month.

David Marburger, lawyer for Eller Media Co., a national advertising firm that sought the ruling, called the decision a win for free speech advocates and billboard owners.

"The issue is whether government will decide for us what information we should read, or whether we get to decide that for ourselves," Marburger said.

The administration of Mayor Michael R. White didn't immediately indicate if an appeal would be filed. A message seeking comment was left at his office on Aug. 17.

City Council President Mike Polensek said he was disappointed and that advertisers had targeted city neighborhoods where alcohol and drug abuse was prevalent.

"I understand First Amendment rights," Polensek said. "But I'm also very much aware that we have a problem in our older and poor neighborhoods. And if you just keep indoctrinating people, it doesn't help."

The invalidated law imposed fines up to $1,000 and six-month jail terms. The city had agreed not to enforce the ban until the court ruled, Marburger said.

Related

Nevada high court considers Reno billboard ban
Company's lawyer urges justices to invalidate popular vote banning future billboards, arguing that such decisions can't be handled in an initiative petition.  10.18.02