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Billboard dispute: Minnetonka wins Round 1

A judge ruled thatMinnetonka was within its rights to deny electricity to two new digital billboards along the interstate.

By David Peterson, Star Tribune

Last update: January 31, 2007 - 3:42 PM

In a ruling that could set a statewide pattern for a fast-emerging technology, a judge in Minneapolis ruled Tuesday that Minnetonka had every right to order the power cut off to a new species of brilliantly visible digital billboards.

Hennepin County District Judge Lloyd Zimmerman said the city was within its rights, given ample evidence that the billboards' owner tried to sneak the new technology into place.

Officials in Minnetonka hailed the decision as a major victory.

"People are agitated about this," City Attorney Desyl Peterson said. "Our mayor is getting a lot of e-mails and phone messages saying, 'Please fight this, it's terrible.' "

Clear Channel Outdoor has put up eight electronic billboards in the metro area, and Minnetonka isn't the only city fighting back.

Others, including St. Paul, have passed moratoriums or have issued cease-and-desist orders as the technology spreads.

And the other cities are "very interested" in the outcome of the Minnetonka case, said attorney John Baker of the Minneapolis firm of Greene Espel, who was named by the League of Minnesota Cities to represent Minnetonka.

Cities worry not only about the danger as fast-moving motorists' eyes are drawn off the road, butalso about aesthetics, with the potential to turn every major thoroughfare into a mini-Las Vegas Strip. Minnetonka has cited national studies suggesting that accident rates jump when electronic billboards are installed along busy metro freeways.

Clear Channel Outdoor raced to court in December after Minnetonka refused to allow any power to flow to two billboards on Interstate Hwys. 394 and 494. The company aims to change messages every eight seconds, making the costly new billboards far more flexible, noticeable -- and profitable. It says it has invested millions in upgrades.

In his ruling, Zimmerman wrote, "There is substantial evidence to support Minnetonka's claim that Clear Channel avoided disclosing its plans to deploy LED billboards in the city of Minnetonka, and operated 'under the radar' to get the billboards up and running, in order to meet its expansion and profit goals for 2006."

Clear Channel had said cities have no business regulating signs along federal highways. The judge's response, in Baker's words: "Local lawmakers exist, and matter."

What's next?

For Minnetonka, the long-term outcome depends on two parallel proceedings. The city has launched a study of safety and other issues. And the court case continues: Clear Channel could appeal Tuesday's ruling. Company attorneys didn't respond to a request for comment.

The timeline

Minnetonka aims to wrap up its study within six months. Other cities with the new billboards -- such as Eagan, Arden Hills and Maplewood -- are watching closely.

David Peterson • 612-673-4440 • dapeterson@startribune.com