City Government:

Las Vegas weighing regulation of mobile billboards

Ordinance would curb parking time, location of trucks

Justin M. Bowen

Martin Dean Dupalo poses in his East Las Vegas neighborhood. He is pushing for the city to regulate mobile billboards that have been rolling through the area, near Charleston and Nellis boulevards.

By Cara McCoy (contact)

Saturday, Sept. 19, 2009 | 2:10 a.m.

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The proposed Las Vegas city ordinance

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Strip Billboards on Wheels

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Should they be banned? (3-27-2009)
Billboards on trucks to face a review (4-8-2008)
Jeff Simpson on why mobile billboards are worse than an eyesore (3-26-2006)
LVCVA uses mobile billboards (8-23-2004)
Deal on wheels: Vehicle owners earning income, glances with decorated rides (8-30-2001)

The East Las Vegas neighborhood where Martin Dean Dupalo has lived since the age of 12 has seen its share of challenges in the past two decades. The area near Nellis and Charleston boulevards has had issues with crime, homelessness — you name it, it seems, and Dupalo has a story to tell.

But while some of the problems saunter down the narrow streets and cul-de-sacs on two legs, Dupalo's latest concern has four wheels and a scantily clad message: The mobile billboards tourists see cruising the Strip and commercial corridors have rolled into his neighborhood. And Dupalo is steamed.

"To someone like myself, it's inappropriate in a neighborhood," he said. "Highly inappropriate."

Dupalo, a political science professor at UNLV, said one day a few months ago he noticed a mobile billboard trolling the streets near his house, advertising, in Spanish, for "hot Latinas."

While he admits he didn't appreciate what the ad was selling, he said he was most perturbed by how it was being sold — on the back of a truck he says isn’t suitable for the streets of his residential area.

"Let's just keep it to, in general terms, to the Strip, some of these outlying areas, and the commercial zones,” he said. “Certainly not in neighborhoods.”

At Dupalo's prodding, Las Vegas Mayor Pro Tem Gary Reese brought an ordinance before the City Council that takes a stab at regulation — putting limits on where and for how long the vehicles can be parked.

"There should be a home for these billboards to go to every night and be parked. During the day, I don't want to see them parked anywhere for over, say, five minutes,” Reese said. “I don't think that's what the pretext of a mobile board is.”

The ordinance had its first reading in front of the City Council this past week. If approved, it would prohibit parking a mobile billboard within 500 feet of a single-family dwelling, making it a misdemeanor punishable by a fine of up to $1,000 or six months in jail.

Down a slippery slope?

The proposed ordinance has the support of Marla Letizia, the owner of Las Vegas-based Big Traffic Mobile Billboards. Big Traffic, which has 80 employees and 13 trucks, is the second-largest mobile billboard company in the country.

Letizia is hungry for a rule book for the nascent industry — she proposed an ordinance years ago with hopes of county regulation, but it didn't go anywhere.

"It's hurting me that there isn't regulation," she said.

She said she is frustrated by what she called "one-truck wonders" operated by some adult clubs and escort services that, at the end of the day, are parked in peoples' yards or in front of their homes, as opposed to a commercial truck yard. Efforts to reach the owner of the adult club advertising in Dupalo's neighborhood were unsuccessful.

The proposed Las Vegas ordinance is similar to that of Henderson's, which prohibits such vehicles from being parked. In North Las Vegas, there are no restrictions as to where the trucks can travel when on a public street, said business license manager Linda Hammond.

"They're still relatively new," she said.

Chris Giunchigliani

At the county level, Commissioner Chris Giunchigliani said the proposed Las Vegas ordinance could cause more problems than it solves. The way she reads it, mobile billboards already are illegal under state law.

"To me, you go down a slippery slope if you regulate something that isn't even permitted in the first place because then they will be perceived to have a right, maybe, for lack of a better term, to do business," she said.

With mobile advertising in her crosshairs, Giunchigliani took her concerns earlier this year to the Legislature. She pushed for a blanket ban on the trucks — noting, all the while, that she believes the trucks already are illegal but that the problem is with enforcement.

"Part of this is just getting people to enforce what's there. Very truthfully, Metro doesn't have the time to stop and check the trucks. They've got more important things to do," she said.

The proposed bill was never introduced. But she's still lobbying against them, calling her effort, for now, a grassroots one.

She cited complaints about the trucks from constituents and from tourists in her quest to quash the mobile billboards, calling them eyesores that do nothing more than clog roads and cause problems. In her opinion, whatever they're selling, where the trucks should be allowed is nowhere.

"I do get people who call because now they're going into neighborhoods with more of the risque stuff. I get calls from some parents who are very upset about that part of it,” she said. “But that part is what's covered under the First Amendment, and that's why I don't want to get into regulating them — it's not an issue of what's on the billboard, it's an issue of where they should be permitted to be."

Allen Lichtenstein, general counsel for the American Civil Liberties Union of Nevada, has said the passage of legal action regulating billboards could be tough in the state. Hawaii has successfully banned such trucks at the state level, but that might not work in Nevada, he said.

"In terms of looking at the justification, and how well it fits that justification, it's a very different justification to say we want to keep natural beauty unsullied than it is to say we want to look at these groups of businesses and favor them and get rid of advertising that might not be for them but for somebody else," he said earlier this year on “Face to Face with Jon Ralston.”

Some jurisdictions — Austin, Texas, for example — have enacted a successful ban at the local level. But a Collier County, Fla., ordinance was overturned after a judge ruled a mobile billboard ban was unconstitutional. The county paid a company $225,000 in lost revenue.

‘Last bastion of normal life’

Dupalo says what he’s hoping for isn't that drastic. He said he sees the truck parking ordinance as a first step toward regulation. The second step, he said, is to draft legislation to keep them out of neighborhoods completely.

"Neighborhoods are not fair game at any point. That's my big thing – neighborhoods,” he said. “That's the last bastion of just normal, family life in Las Vegas.”

But Letizia said defining what areas are strictly residential could be difficult because many roadways in Clark County have both residential and commercial areas.

"Our cargo is an advertisement and we have as much right to be on those streets as anybody," she said.

She said her trucks, which don't carry advertising for adult services, mostly keep to the main roads. That's where they attract the most eyeballs.

"We stay on the major thoroughfares because the more visual impressions we get, the more successful our clients are,” she said. “If we drove down your residential street, how many people would see it? One? Two? We'd be losing thousands of impressions by being in your neighborhood."

Dupalo's neighborhood

Dupalo’s neighborhood is still a place where children play in the streets — football when he was a kid, now soccer. He said he's determined to improve its quality of life, despite the neighborhood's struggles.

Worried about speeders, he worked to get speed bumps installed in front of his house. Concerned about drunken drivers and the bevy of alcohol outlets near his home, he took on a fight with the Walmart at 210 N. Nellis Blvd., which wanted to sell liquor. He won. There's a Neighborhood Watch, gates by the washes and safety measures along the trails. Dupalo, who lives in the house he inherited from his father, who bought it in 1980, takes some of the credit.

"I know I should move. I understand that. But it's my neighborhood and I'm vested. It's changed dramatically; it has a lot of challenges, and this (the billboards) is certainly one of them," he said. "But if I don't fight for it, who’s going to fight for it?"

After losing some high-profile battles (such as cases involving hand billing for erotic services on the Strip), local governments have been reluctant to touch on the content of advertising. So Dupalo is honing in on safety issues.

He said he's already in talks with Las Vegas City Attorney Brad Jerbic on an ordinance prohibiting mobile billboards in residential areas altogether. The parking ordinance, Dupalo said, is the first step.

"This is not an attack on the First Amendment,” he said. “This is a 'protecting my neighborhood' issue.”

Discussion: 31 comments so far…

By bdover

9/19/09 at 6:04 a.m.

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If New York could ban these nuisances years ago, why can't Las Vegas? NY is the land of the ACLU liberal droolers, but they still got rid of the billboards due to traffic congestion. Oh, that's right, there's no congestion on the Strip on a Friday night. Right?
By its2hot

9/19/09 at 7:04 a.m.

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Geez the California democratic lunacy is becoming much more prevalent here in Clark County.

Sit back and look around, we're being destroyed from within. Democrats will stop at nothing and will continue to force feed their lunacy down our throats until we become a nation of blood sucking welfare recipient's slum dog neighborhoods Brokeback communities.

It time to start voting these idiots out of office and replacing with people who allow freedom without Government sticking their greedy noses in our lives.
By davidwayneosedach

9/19/09 at 7:47 a.m.

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What's next. Ads for erotic services on mobile billboards?
By serious

9/19/09 at 7:48 a.m.

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Newcomers arrived in Las Vegas and take advantage of what we old timers built with a lot of work over the years. Mobile billboards, for non adult oriented businesses, should be allowed only in the commercial and tourist areas. It is not hard to figure these zones out. The adult and risque should NEVER be allowed. Here we are, trying to be a family destination, and we have these kind of messages thrown in the face of domestic and international guests (emphasis on guests...they choose to be here, just as they can choose not to be here). The long time Nevadans do not get out and vote...so, that is why we are being represented by new comers who did not make it where they came from. Sad, sad commentary.
By serious

9/19/09 at 8:03 a.m.

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Everyone wants to speed up the traffic movement on the Strip...and, rightfully so. The ONLY way to do it is and it has been so obvious...traffic officers on the strip to keep the traffic moving, controlling the pedestrians blocking movement on right turn lanes, jaywalking, crossing against the lights, etc. These 'movement officers' exist in other tourist cities, and make the casinos pay for these traffic controllers. Everyone will be a lot happier...especially the casinos.
By billykydd

9/19/09 at 8:08 a.m.

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Such a fuss over billboards while the risk of being killed by a driver blabbing on a cell phone is still ignored.
By Birdiedreamin

9/19/09 at 8:40 a.m.

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take that porn off the streets!!!
By stevem

9/19/09 at 8:41 a.m.

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ok, so when the fedex or ups truck comes through your neighborhood, do you want to ban those as well?

a ups truck is nothing more than a rolling billboard.

oh, and our local city buses...with the advertising on them? we should ban those as well, right?

how do you tell someone "hey, you can't have a mobile advertising business" and then allow double decker buses with "pepsi" on booth sides to run around all day.

it isn't fair.

i wish people would stop acting like 10 year old girls, looking for mommy government to protect them.

don't want these things?

don't buy or go to the businesses that advertise on them and eventually they will go out of business...no new laws needed.
By Hendersonfamily

9/19/09 at 8:42 a.m.

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Not only the billboards, we need to ban those clowns who stand on the corner with HUGE signs, blocking your view when turning. I've almost run over some of them be accident. Not only on the strip, but they got some HUGE signs in Henderson on Eastern. Crazy.
By AngryReader

9/19/09 at 8:46 a.m.

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Dave I am pretty sure they already crossed that line.

Chicas Bonitas :)
By cooldann

9/19/09 at 9:27 a.m.

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There already is an ordinace in place to stop these trucks in neighborhoods and on the strip. It is in the commercial vehicle codes. It involves commercial vehicles with a gross vehicle weight (GVW) of 10,000lbs and over. It prohibits any commercial vehicle with a GVW of 10,000lbs and over to be on any residential street unless making a delivery or pickup of items in the erea where thruck is away from major streets. On the strip they cannot be there due to the signs stating "No Trucks". No trucks pertain to commercial vehicles with a GVW of 10,000lbs and over. These mobile trucks are one ton rated with dual rear tires. Their GVW's are in the 11,000 to 12,000lb range. Just need to enforce the laws.You see metro enforcing the "No Cruising" laws but not the "No Trucks" laws with these billboard trucks.
By Planetearthcalling

9/19/09 at 11:18 a.m.

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We already have more then enough advertising shoved down our throats in so many different ways it's pathetic.

Slow moving mobile billboards tying up traffic on our busy streets should be a crime. Write em a ticket & tow it away. As a matter of fact they have my permission to crush the vehicle and send it to Japan as scrap metal.
By Planetearthcalling

9/19/09 at 12:49 p.m.

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To Stevem.

Your argument is completely false and utterly ridicules. Mobile billboards are a nuisance and provide no service whatsoever.

Delivery vehicles such as fed x and the city bus are delivering packages and or providing transportation to the people living in the neighborhood.
In other words, they have a legitimate reason for being there unlike mobile billboards.
By stevem

9/19/09 at 1:34 p.m.

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so...if these guys delivered meals to shut-ins, you wouldn't have a problem with them?

the reality is that any law they make will quicly be shot down.

you can't have government owned buses with advertising on them ( which makes them A LOT of money ) going through residential areas on them and then turn around and tell a private business that they can't drive a truck with advertising on it down those same streets.
By christopher

9/19/09 at 1:48 p.m.

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I read the comments on the Sun's pages about local issues and I always ask myself, "who are these people and where did they come from?" More specifically, "why did they move here - to Las Vegas."

We provide entertainment of an adult variety for profit in Las Vegas. That is the reason the city has flourished since the post World War II times. From divorces, drinking and gambling to strip clubs and outcall adult entertainment, we profit from homogenized America's desire to leave the "normal" and have a little adult fun. People enjoy it here so they think "hey, I'll move there," and then bring their middle America, suburban regulations and Bible-belt morality with them in an attempt to make Las Vegas more like the places they just left. It's absolutely ridiculous. If Las Vegas ever stops being Las Vegas it will no longer have a bright, profitable future in front of it. Companies of all types have a constitutional right to advertise how they see fit. In Las Vegas, protecting those constitutional rights is as important as anywhere else in the country, because they are constantly under threat, just like they are in this latest inquisition by those who would have Las Vegas become Salt Lake City.

-=- christopher, writer for the "While Las Vegas Sleeps..." blog
By Planetearthcalling

9/19/09 at 1:59 p.m.

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To Stevem,

Another false argument on your part. Mobile billboards provide no service whatsoever. Nor would they ever be approved for use by government sponsored programs such as meals for shut-ins.
By sunnysideup

9/19/09 at 2:45 p.m.

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No wonder some conservatives are against sex ads, as they are the target audience for them (although young boys would probably be more their style). I'm sure they'd love to put up an anti-abortion ad with pictures of a dead fetus too.
By pbim72

9/19/09 at 3:07 p.m.

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Oh, NO! I may just have agreed with birdie.

What is wrong with me. I agree with removing that trash, especially from residential areas. If that crap was parked in my neighborhood....Well, never mind.

I may be wrong on this however, since I can't possibly agree with birdie and be on the correct side of an issue...Can I?????
By Diamonddogg

9/19/09 at 4:44 p.m.

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This message is for its2hot: It must be nice to have someone you can blame. Every thing that is wrong is the Democrats fault. That must give you a lot of comfort. Besides WJC the gov't has been controlled by the GOP for almost three Decades.

WJC wasn't even a true liberal. He continued the right wing's decimation of organized labor, by signing Nafta. The Right Wing has dismantled the middle class. But, it was the right thing to do, because they never make mistakes. The GOP will continue to marginalize themselves.

So, its2hot get used to it! Losing and whining, because you will be doing a lot of it.

Glenn Beck and others will keep feeding you red meat, until the rest of the nation wakes up to their lunacy and hateful extremism.
By Vegasvampire

9/19/09 at 7:50 p.m.

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Keep the mobile billboards but only have ads for things inside Clark County.
By sarcasticcanadian

9/19/09 at 9:05 p.m.

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Does anyone really think us tourists actually pay attention to those eyesores? About as much as we pay attention to the card flippers.

The only thing I've learned from the billboards is there's some really badly done boob jobs in Vegas.
By Bakersfield

9/20/09 at 4:55 a.m.

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These trucks add to the congestion on the strip. In this day of "saving the planet" that so many are demanding, these trucks also add to the pollution. They are no better than tne card flippers and the thousands of the cards littering the sidewalk between Harrahs and Flamingo Road. The same advertising is on every taxi cab in LV, but the cabs are providing a service and the ads are not their sole reason for being on the road. I think the taxi ads are plentiful enough to make the trucks pointless anyway. As far as boycotting the business advertised, as one suggested, Most of us already do not do business with them, so that wouldn't work.
By sincityguy

9/20/09 at 6:42 a.m.

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To Stevem

Do you have any kids?
Do you think it's perfectly alright for your little children to be playing outside YOUR house, & in YOUR neighborhood while one of these rolling billboards drives down your street advertising some sleazy escort service with a picture of a bimbo in a g-string painted on the side?

If you do, then you are truly are a piece of work!
By bam1969

9/20/09 at 9:17 a.m.

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"a ups truck is nothing more than a rolling billboard."

are you serious?
By muddapucker

9/20/09 at 1:47 p.m.

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Why bother? LV has enough regulations that it can't enforce.
By stevem

9/20/09 at 2:34 p.m.

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yes, i do think it's perfectly fine.

you know why?

because the same rights that gives the mormon church to go door to door and advertise THEIR business is the same rights an escort, strip club, restaurant has to advertise THEIR business.

if i'm watching "free" television and an ad for obama comes on and i disagree with his message, should we ban political ads?

no, because then i'd be banning the ability for someone i DO agree with from advertising.
By Nick

9/20/09 at 3:47 p.m.

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Its the REPUBLICANS that want to regulate our personal lives. The moral majority like sexual predator John Ensign tell us how to live.

If the ads offend you, move to the bible belt with the trashy "birthers"
By pbim72

9/20/09 at 4:41 p.m.

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Are you people insane? Are you really comparing Mormon missionaries going door to door with a mobile billboard with a barely covered woman on it as morally equivalent? Are you saying that they have the same rights?

A right is something that does not impart an obligation on another. If someone knocks on my door I do not have to answer. If a billboard is parked across the street from my house for the night with some bimbo's lousy boob job plastered all over it that does directly affect me.

stevem; I am guessing you don't have kids. What if I had a mobile billboard advertising a pill that can increase penis size? The picture is of a naked man with a small penis. Can I park that across from your house for the night? Can I drive it down the street?

Nick: What about you? Any objection to my small penis (idea)?
By Nick

9/20/09 at 5:09 p.m.

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Mormons are much more offensive. Coming on to private property is wrong. Mormons have no ethics, just aggressive politics and lots of judgement.

Look pictures would be too much. That is Not the issue here. Churches have signs about burning in hell if we do not convert to their beliefs. That is offensive.

Speech should be protected. Again not porn pictures but speech yes. we have different attitudes about what is offensive, that is why we need to protect all views. Remember freedom?
By stevem

9/20/09 at 8:51 p.m.

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it wouldn't be any worse than someone holding a poster of an aborted baby in front of an abortion clinic.

look, making the leap from a photo of a girl on a billboard that shows no nudity ( other than the THEME of those ads, the ads are visually no different than a victoria's secret catalog or one of the bebe ads on all the bus stops ) to a nude man is moronic.

showing public nudity is illegal, there is nothing illegal about a grown woman in heels and lingerie.

and yes...i'm sorry, but the same right someone has of putting a "god is my co-pilot" bumber sticker on their car is the same right that gives someone to buy a truck and advertise THEIR business on it.

it's ashame that people on one side of an issue or belief think their rights are better than their opposition.

they can pass a law, and all the do-gooders will be happy, but it will be struck down. look at one of the bebe or h+m ads on the city buses...that YOUR tax dollars pay for...the images are virtually the same as the ones on the mobile billboards.

how do you tell an independent business owner that they can't advertise a LEGAL business...a strip club IS legal..on the streets of summerlin, but the government can?

it's not fair, it's not legal.

hey, all you church-types...you know, YOU could buy an ad on these mobile billboards as well.

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