Thursday, September 3, 2015

IHPC Delays Digital Billboard Decision

I just posted this entry on the IBJ's Indiana Forefront.  I would only add - many thanks to Councillors Joe Simpson and Zach Adamson for supporting the broader community interest by asking that the digital billboard variance be delayed until after the sign regulations are reviewed in a vigorous, transparent, and public process. ---


Last night, as reported by Hayleigh Colombo in the IBJ, the Indianapolis Historic Preservation Commission continued to October 7, both the building design and the digital billboard variance proposed for Mass. Ave.
I was in the audience, waiting to speak to the digital billboard variance on behalf of the Marion County Alliance of Neighborhood Associations.
From November to June, 59 organizations joined forces to move the digital billboard debate from behind closed doors to the appropriate public venue – the upcoming Department of Metropolitan Development review of the entire sign ordinance.  After all the meetings and all the debate, the Council agreed.
The proposed ‘digital canvas’ envisioned for the building that would replace the Mass Ave fire station needs a variance expressly because it would be a digital billboard.  They propose posting ‘sponsors’ information either on 20% of the space or 20% of the time.  Motion and sound would be allowed.
A continuance was proposed by two Councillors – Joe Simpson, whose current district includes the site, and Zach Adamson, who is running for reelection to the new district boundaries that will include this site – via letter to the IHPC.  Initially the Commission was moving toward a continuance until after the Council passes the new sign ordinance, presumably some time next year.  Then the developer and his representative asked for the October 7 date so they could discuss it with the two Councillors.
Continuing this variance request is wise for a couple of reasons.  The broad community deserves its hard fought and hard won vigorous public process that would decide if digital billboards are right for Indianapolis.  If lifting the ban was found in the community’s best interest, then issues such as how to measure and regulate light levels, size, motion, sound, appropriate locations, interactivity with the driving public, and other safety issues would be discussed and appropriate parameters would be set.
If the Mass. Ave. digital billboard variance comes first, it could create a precedent and set a standard that became the tail that wagged the dog.  That, undoubtedly, was why John Kisiel, Vice President of Clear Channel, was in the audience for 5 hours last night.  Kisiel has stated that he was assigned to Indianapolis by Clear Channel to open Indy up to digital billboards.
Let’s face it, the billboard industry is a litigious group.  They have shown they will take cities to court if they can find any chink in the rules or application of the rules.  Indy’s billboard ban has successfully weathered their attempts to gain variances and prevailed in the subsequent lawsuits.  Granting this digital billboard variance would demonstrate uneven application of the ban.  Given these are the waning months for the Ballard administration, who know whether the variance would be challenged.  As they did in other cities, the biggest mess being in Los Angeles, this would give the billboard industry just the opening they need to seek unfettered and unregulated access to Indy’s streetscapes.
Some will say this is only relevant to the Mass. Ave. neighborhoods.  But, given the dynamics at play in the digital billboard arena, the digital billboard variance is about all of our neighborhoods.

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