Court Decision Upholds Constitutionality Of Philadelphia Outdoor Advertising Controls

Philadelphia Common Pleas Judge Idee C. Fox issued an Opinion on July 9 upholding the ZBA's denial in 2006 of a variance for a 9,750 square foot commercial advertising wall wrap, SCRUB announced this week.

Callowhill Center Associates proposed the wall wrap at 417 North 7th Street in 2005. The owner sought to re-erect a seven story vinyl advertising wrap that he had illegally erected on the building in 1999. The building is located within the specially protected Vine Street Parkway Area which prohibits outdoor advertising signage.

After being denied a hearing by the United States Supreme Court, the owner returned to the Zoning Board again, this time arguing that the city's outdoor advertising sign controls were "unconstitutional."

Judge Fox found that the city's ordinances are constitutional and explained it this way:

"Although CCA[Callowhill Center Assoc.] presented testimony to show that the wall wrap advertisement at issue was safe and presented no hazard, they failed (to) establish that the ordinances in question were not constitutional.

CCA argues that these ordinances were enacted to appease a small group of individuals who find outdoor advertisements in general distasteful.

However, our democratic form of government ensures that ordinances of this nature are vetted through our elected officials who must balance the whims of individuals and groups with the safety and needs of our City.

In the balancing test CCA cannot overcome the City's substantial need to maintain the area in question which includes the zoning and use restrictions at issue herein."

The case has a long history, which began when Callowhill illegally erected the huge advertising wrap on its building in 1999.

For more information, visit the SCRUB - Public Voice For Public Space website.