Nevada high court considers Reno billboard ban
By The Associated Press
10.18.02
CARSON CITY, Nev. — A lawyer for an outdoor advertising company has urged the Nevada Supreme Court to invalidate a popular vote in Reno that bans future billboards.
John Frankovich, representing Eller Media Co., said decisions on billboards were an administrative matter for city officials and couldn't be handled in an initiative petition.
But Chris Wicker, representing Citizens for Scenic Reno, disagreed during oral arguments this week, saying the voters set policy for the city, which was within their power.
Eller Media sued after citizens gathered signatures qualifying the initiative petition for the ballot.
Eller sought to keep the issue off the election ballot, arguing the petition wasn't properly certified and the voters had no authority to decide administrative matters.
Washoe District Judge Jerry Polaha ruled against Eller, which appealed to the state Supreme Court.
Frankovich said the Nevada Supreme Court has ruled twice recently that voters had no right to put questions on the ballot — one involving the proposed train trench in Reno and the other protecting a park site in Carson City. Those issues were kept off the ballot.
The court called those cases administrative matters, in which jurisdiction was given to the cities by the Legislature. Frankovich suggested those two decisions should be followed.
But Wicker argued: "This is a policy statement by the citizens of Reno that there are to be no new billboards in the city of Reno. What we have with this initiative is a true policy decision."
The court is to rule later.