September 11, 2000

Senator Larry Rohrbach of the Sixth District of Missouri has granted permission to the Federation to print this report.

In November voters will cast their vote on Proposition A, a proposal that would sharply curtail the construction of advertising billboards in Missouri. The state and federal government already regulates billboards as to size, frequency and where they can be placed. Large areas of our highway system in rural Missouri is already off limits to billboards unless they were in place before regulation went into effect a number of years ago. However, that doesn't please the group that is pushing for greater restrictions. Consequently, this group collected enough signatures to bring the issue to a vote through the initiative petition process.

The opponents of billboards maintain that they are too numerous and that they clutter up Missouri's scenery. However, there is another side to the argument. This proposal will have a direct impact on businesses. Advertising is the lifeblood of many businesses and billboards play an important role.

Most people recognize that all of our freedoms have their limits. For instance, a person cannot yell "fire" in a crowded building under the guise of free speech. However, this issue does infringe on the right to free speech when the law unreasonably restricts how a person can advertise on private property.

The financial effects of this proposal could affect more than just business owners. In many cases, landowners receive rent for allowing a billboard to be placed on their land. We should be very cautious before passing a law that could cut off a portion of many people's income.

In addition to promoting commerce, billboards have another important function. They help those who are out-of-towners find the goods and services they want and need. While we may be familiar with the area where we live, visitors to our area are not. They may rely on a billboard to find a restaurant, gas and car repairs, and attraction of a church. This is especially true of areas that are frequented by tourists, a big economic boost to Missouri.

Another negative aspect of this proposition is that it fundamentally alters the way that the law views the use of billboards. Under current law, billboards are considered to be a legitimate commercial use of private property. However, if this petition were to pass the law would be changed to assume that it is in the compelling interest of the state of Missouri to preserve scenery and that the reduction of billboards is necessary to accomplish that goal.

Many people vote for or against an issue such as this based on their reading of the language that appears on the ballot itself. However, this is only a summary that attempts to describe what the law actually says. The actual law that would be enacted under Prop. A states that, "Trees and vegetation growing on public rights of way….deserve protection." Most people like trees and other vegetation, but what will it mean to our courts that they "deserve" legal protection under Missouri law? Will trees have more standing in our courts than grass that doesn't interfere with the viewing of a billboard? Trees on the right of way can be a negative safety factor. Will they have "rights" equal to people? The language also states that, "This act shall be construed liberally to advance these purposes" (i.e. reducing and/or eliminating billboards across the state.) Who can tell what will be the result of such a law in the hands of liberal judges and activists with this kind of directive contained in the actual text?

To pass a law which sharply infringes on the rights of a business to contract with a private citizen to place a billboard on their land places the state in a dangerous position of regulating private commerce, to the benefit of the government. As you know, the state is already in this arena with its program of state-sponsored advertising. All along Missouri's highway rights-of-way there are advertising signs found at the exits of major highways where businesses can have their logo placed to lure travelers.

People may be unaware that the highway department and the contractor they use share a fee of $750 for each advertising logo sign placed along a highway right of way. If Proposition A passes, businesses would be forced to do more advertising on the highway department signs.

Billboards serve a useful purpose. They are important to Missouri businesses and to customers of those businesses. Reasonable regulation of them is probably an appropriate role for government, but Proposition A is a radical proposal that will hurt our state.