Pittsburgh cannot seem to accept defeat in the battle of the billboard — more precisely, the grudge match over the eye-catching Lamar billboard on Mount Washington.
The city is appealing an August ruling by a state Commonwealth Court panel which found that a Lamar Advertising billboard, located on the face of a Pittsburgh scenic treasure, is legal. This decision aimed to set straight a long-running controversy about the billboard’s use.
The city in 2016 alleged that the billboard had violated the zoning code and was illegal, arguing that the display of a black-and-yellow vinyl banner promoting Sprint was a nonconforming use that enlarged the structure and made the entire billboard worthy of removal. But the three judge Commonwealth Court panel ruled in favor of Lamar’s property rights. The advertiser had altered its property fairly while the city “exceeded its jurisdictional authority.” The law is clear on this issue and so was the panel’s ruling.
And yet the city continues to appeal. Property rights are a fundamental right. The government cannot impose arbitrary restrictions on the use of one’s property if that use is legal — and indeed the use has been deemed legal. It is as simple as that. And a city certainly cannot strip a person or company of their property rights simply because their property is, as Mayor Bill Peduto has said, an “eyesore.”
Each time the city continues to pursue this go-nowhere challenge, it is sinking taxpayer money into a quest that will not succeed.
There are other options. The city could end its legal challenges and instead promote a different course by encouraging a dialogue between civic groups like Scenic Pittsburgh, a nonprofit dedicated to preserving the beauty of the region, and Lamar.
Lamar would not have to participate in such a discussion, nor would it be surprising if it is not interested. Each legal challenge from the city has forced the company to spend more money defending its fundamental rights. But, if the company would wish to step forward as a good neighbor, it would generate a lot of goodwill.
In other words, it is time for Mr. Peduto to exercise some diplomacy with Lamar. And Lamar, though it holds the cards, could think about cultivating a kinder and gentler effect. Whether this company does or not, the mayor should be respectful of Lamar’s time and money as well as the city’s money — which isn’t really the city’s money: It’s the taxpayers’ money. Spend it wisely. Call a truce. Play nice.
First Published: September 26, 2019, 10:00 a.m.