“Beautiful,” “Exceptional” “Design” Test for Sunset Strip Billboard Approval Violates First Amendment
From Judge Fernando Aenlle-Rocha (C.D. Cal.) in KBS Holdco, LLC v. City of West Hollywood, decided July 8 but just recently posted on Westlaw:
The amendments to the Sunset Specific Plan (the “Amended Billboard Plan”) include “new standards and guidelines to regulate the distribution, size, location, and operation of new and modified billboards and tall walls,” and design principles intended to “ensure high-quality signage projects that are creative, contextual for Sunset Boulevard, and sensitive to adjacent land uses.” Under the Amended Billboard Plan, applications for new off-site signs must be “screened for design excellence in accordance with a process and procedures established by the City Manager, or designee” and granted concept awards, before applicants may apply for development agreements with the City. According to Plaintiff, the City Manager or his or her designees created the Sunset Arts and Advertising Program to conduct the screening process and delegated all discretion and decision-making authority to the Design Excellence Screening Committee (the “Screening Committee”)….
Round 2 applications were reviewed and scored by the Screening Committee on ten “evaluative criteria” stated in the Submission Guide. Applications were required to receive an average weighted score of 225 out of 250 points to secure a concept award. These criteria and their associated point values were:
1) “Is the design exceptional (see Section 2.1 ‘Design Quality’ of the 2019 Billboard Policy)” – 50 points;
2) “Does the project create a unique opportunity for the display and experience of public art?” – 30 points;
3) “Does the project showcase a commitment and sensitivity to the importance of diversity in the architectural design and/or advertising industry?” – 30 points;
4) “Does the project create and sustain a positive land use outcome? (New development project, rehab of building, preserve an important building or use)” – 30 points;
5) “Does the project add value to the public realm, the experience of place, and the pedestrian experience along Sunset?” – 25 points;
6) “Does the project create valuable signage that reinforces Sunset as the premier destination for creative advertising?” – 25 points;
7) “Does the project create positive economic development outcomes on the Sunset Strip?” – 25 points;
8) “Does the project align with the City of West Hollywood’s ongoing and future initiatives toward sustainability and best green practices?” – 15 points;
9) “Does the project build on the historic and cultural aspects of the Sunset Strip?” – 10 points; and
10) “Is there a positive relationship between the proposed sign and existing or other proposed signage projects?” – 10 points.
As pleaded here, the Amen
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