Ban on aerial ads upheld

Associated Press

SAN FRANCISCO — A federal appeals court today upheld Honolulu's ban on aerial advertising.

The 9th U.S. Circuit Court of Appeals affirmed U.S. District Judge Helen Gillmor's October 1998 denial of a challenge to the city ordnance brought by SkySign International.

Gillmor ruled that the state had an overwhelming aesthetic interest in what happened in the air because Hawai'i's economy depends heavily on the beauty of the islands.

SkySign argued that state laws do not apply to the skies and that all regulation of air traffic was the responsibility of the Federal Aviation Administration which had granted it certificates to operate over O'ahu.

"However, advertising is an area traditionally subject to regulation under the states' police power, and we therefore presume that federal law does not displace Honolulu's regulatory authority over advertising absent a clear statement of the federal intent to do so," the appeals court said.

SkySign filed suit in October 1997, after the Honolulu City Council moved to ban the flights. The company had drawn community complaints over its use of a helicopter at night to tow a huge electronic sign 8 feet high and 36 feet long.

FAA officials at the time said local ordinances could not pre-empt FAA regulations.

In its ruling, the appeals court noted that the FAA waivers given SkySign contained a provision explicitly noting that the operator was aware of local ordinances relating to aerial signs.

SkySign's attorney, David Gierlach, was in a meeting and not immediately available to comment on the ruling, his office said.