San Francisco Beautiful Sues to Defend Voters’ Mandate: “No New Billboards”
San Francisco Beautiful filed a lawsuit in the public interest to enforce the mandates of Proposition G, the “No New Billboards” initiative overwhelmingly passed by voters in 2002.
Although Prop G prohibits any new “general advertising signs” on private property, The City violated this ordinance in February when it settled with billboard operator Metro Fuel to allow more than 120 new billboards throughout our neighborhoods.
Ballot arguments in favor of Prop G explained that “San Francisco is one of the most unique and beautiful cities in the world, but it is losing its character as more billboards pollute our streets and neighborhoods every day.”
Following the passage of Prop. G by a 79.1% majority of voters, the mandates of Proposition G have now been incorporated into the San Francisco Planning and Administrative Codes. Proposition G provides a public process for the relocation of existing billboards and signs on buildings. The Metro Fuel settlement abuses these provisions, subverts the Prop G mandate, and opens the way for other operators to vastly expand the number of billboard locations.
SF Beautiful, the primary proponent of Proposition G, has worked for many years for the enforcement of billboard laws and to cap the number of billboards. This action was filed because the City, in February 2012, quietly approved the settlement of a lawsuit that billboard company Metro Fuel filed in federal court. Metro Fuel disputes the City’s filing of Notices of Violation for 84 of its non-permitted panel signs and the accrued penalties of over $7 million. In exchange for removing its non-permitted signs, the settlement allows Metro Fuel to increase the number of its signs in San Francisco by “deaggregating” large billboards and using up to 75% of the square footage into more than 120 new smaller panel signs.
“San Francisco voters were clear: ‘No new billboards,’” said Kearstin Krehbiel, SF Beautiful Executive Director. “For years, Metro Fuel broke the law, in plain view for all to see. They got caught. Now, instead of collecting $7 million in fines owed by Metro Fuel, the City has settled to give these law breakers more of what they want – illegal advertising in our neighborhoods. Enough is enough.”
Despite acknowledgments that advertising signs create public safety hazards by distracting motorists and pedestrians and that they contribute to blight and visual clutter adverse to the character and dignity of San Francisco’s distinctive appearance, the City conducted no environmental review process. The public was completely unaware.
SF Beautiful is represented by Susan Brandt-Hawley, of the Brandt-Hawley Law Group, advocates for California’s unique historic assets and protection of aesthetic resources and cultural landscapes. Her cases have contributed to precedent in the six districts of the Court of Appeal and in the California Supreme Court.
Read our petition.
Read the City’s settlement with Metro Fuel.
