Editorial: Waivers go bye-bye
Friday, Nov. 7, 2003 | 9:07 a.m.
The Clark County Commission did the smart thing this week in response to a lawsuit by billboard companies. The county's billboard ordinance had allowed companies to seek waivers from separation requirements, which stipulated that the structures, depending on their type, had to be 750 feet to 1,500 feet apart. Billboard companies sued the county on constitutional grounds. They argued that the county's control over the separation requirements -- some waivers were granted, others denied -- diminished their First Amendment rights to display their messages.
In response, the county simply amended the ordinance to eliminate waivers. Now the county no longer has any discretion. The separation requirements remain and everyone will be treated equally. In our view, local governments have the right to regulate placement of billboards. They can be intrusive and unsightly when jammed together, whether in neighborhoods or along roads. The county's action is no guarantee against future lawsuits, but for now, neighborhoods and roadways are a little farther removed from the shadow of billboard clusters.
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