Rush Limbaugh billboard pits Reagan Outdoor ad industry against Utah cities

SALT LAKE CITY — It's somewhat fitting that Rush Limbaugh — or at least his looming likeness — has a ringside seat for this local political rumble.

The bombastic conservative radio commentator's countenance currently graces a Reagan Outdoor Advertising billboard located near 300 W. 600 South that has been at the center of a rift pitting Utah's outdoor advertising industry against its cities and towns.

Vexed city government officials say the back and forth over this billboard underscores growing concerns that the Utah Legislature has gone too far protecting the rights of billboard owners at the expense of local zoning controls.

Matters came to a head recently when Reagan Outdoor, invoking state law that allows for damages as a result of governmental action, sought approval from Salt Lake City to raise its billboard along 600 South to a height of 85 feet. The request sought to mitigate the billboard being visually blocked by business signage that next-door neighbor Springhill Suites intended to put up.

In this case, Reagan Outdoor argued that city approval of Marriott Corp.'s permit to build the hotel constituted taking negative government action, although Salt Lake City Planning Director Wilf Sommerkorn still scratches his head wondering how the city could have legally denied the hotel's building permit given that Marriott's plans fully complied with city ordinances.

The issue seemed to be rendered moot at one point when the city negotiated with the new hotel and compensated it to erect its sign elsewhere on the property where it wouldn't pose a visual obstruction to the billboard. Apparently that didn't satisfy Reagan Outdoor, which also claimed its billboard was visually compromised by several light standards installed in the hotel's parking lot. The billboard company says the light poles interfere with sightlines of passing motorists.

The city's Board of Adjustments finally rejected Reagan Outdoor's contentions. But the battle is far from over, as the outdoor sign company has filed suit in 3rd District Court to overturn the BOA's decision. Because of pending litigation, Morgan Philpot, director for governmental affairs for Reagan Outdoor, said he's unable to comment specifically about the 600 South billboard.

Jodi Hoffman, a lobbyist contracted by the Utah League of Cities and Towns to work on this issue, said what's happened with the 600 South billboard isn't unique and that municipal governments are frustrated with current billboard laws they believe are heavily tipped in favor of the outdoor advertising industry.

"The billboard companies enjoy a unique right, a unilateral right, to control land uses around them," she said.