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The Honolulu Advertiser
Posted on: Wednesday, November 23, 2005

End run around billboard ban?

By Robbie Dingeman
Advertiser Staff Writer

This large advertising panel greets people walking from the underground parking garage to the Honolulu Municipal Building, but not for long. Yesterday, city officials ordered it removed after receiving complaints and questions about its legality.

BRUCE ASATO | The Honolulu Advertiser

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HAWAI'I'S BILLBOARD BAN

What Hawai'i Revised Statutes say about billboards:

  • 445-112 Where and when permitted: No person shall erect, maintain or use a billboard, or display any outdoor advertising device, except as provided in this section:

  • 445-114 Unlawful posting in public places: Except for a public officer ... it shall be unlawful for any person to paste, post, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, sign, poster, outdoor advertising device, or notice of any kind or cause the same to be done, on any curbstone, lamp-post, utility pole, streetlight pole, hydrant, bridge, tree, street sign, traffic sign, or traffic light upon any public property in the state. ...

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    Large advertising signs have been affixed to the concrete supports for the elevated roadway leading to the main terminal building at Honolulu International Airport.

    Outdoor Circle photo

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    An advertisement for a painting company has been wrapped around a support column in the underground parking garage at the Honolulu Municipal Building. The Blaisdell Center parking garage also has signs.

    BRUCE ASATO | The Honolulu Advertiser

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    Calling it "billboard creep," the Outdoor Circle — champion of the state's ban on billboards — objects to the trend of state and city governments allowing private companies to put billboard-style ads inside and outside public structures.

    City officials let a contractor place five signs in two city parking garages last month to raise money after noting the success of similar ads elsewhere in Honolulu, said city enterprise services director Sidney Quintal.

    He pointed to signs on private property at places such as Ward Centre and on state property — the parking garage at Honolulu International Airport — as examples.

    Yesterday, officials ordered the ad outside the Honolulu Municipal Building garage removed because of complaints and questions about whether it violates the no-billboard law.

    The city's three-year contract with the firm AdWalls also allows signs at Kapolei Hale and several downtown city-owned buildings and parking lots: Chinatown Gateway Plaza, Hale Pauahi, Harbor Court, Kekaulike Courtyard, Kukui Plaza, Marin Tower and Smith-Beretania, says city concessions officer Ron Nakano.

    The Outdoor Circle's director of environmental programs, Bob Loy, said the nonprofit has received "numerous" complaints about the city and state signs, more about the ones visible outside but also about those within the garages.

    Quintal said the city received three complaints about the signs but overall found the placement and style of ads reasonable.

    "It is not our intent to just plaster the city with advertising," he said.

    Loy said the placement on government buildings open to the public may make the signs illegal.

    "I think they might be a violation in that they are placed in public places," he said.

    He said this style of ad runs counter to Hawai'i's decades-long tradition of banning billboards.

    "We're concerned about billboards anywhere, whether they're legal or not," Loy said. "It's an important part of our culture, the absence of billboards."

    While he understands that private owners of parking garages can legally post such signs, he worries about the trend.

    "It's sort of a billboard creep," he said.

    Officials from AdWalls, which bills itself as "America's Indoor Billboard Company," did not respond to a request for comment.

    "The city's fiscal situation is dire," Quintal said. So, he said, his department tries to find ways to raise money and reduce costs to taxpayers. He said AdWalls agreed to pay the city 20 percent of the revenue raised from the companies that advertise, an amount that varies depending on the size of the sign, the location and how long it's up.

    After The Advertiser inquired about the outside sign, Quintal said he was ordering it removed because of complaints.

    The ad was paid for by ProSource Wholesale Floorcoverings. Owner David Arita said it was the first time he has paid for a billboard-style ad.

    He said he agreed to it after AdWalls suggested placing the ad in the walkway, "a great location" where people would see it as they emerge from the parking garage to walk to the Municipal Building.

    Arita said he's not sure if he'd want to pay for an ad that's tucked inside a parking garage.

    "Personally, I don't pay that much attention to signages in the parking lot," Arita said. "All you're interested in is looking for a parking stall."

    Quintal said the city was to receive a total of $2,707.20 for that one sign over a year.

    Loy has heard the interpretation that the signs are legal if they are not visible from a public road, but says it's not that simple.

    Quintal said his department got approval for placement of the walkway sign from city attorneys and the Department of Planning and Permitting — which oversees violations of the sign ordinance.

    Since the Municipal Building garage signs first went up last month, a small disclaimer has been added that reads: "Advertisements displayed in this facility do not constitute an endorsement by the City and County of Honolulu."

    Loy said the Outdoor Circle asked that AdWalls remove the signs at the airport about two months ago but has not received an answer.

    Loy said the signs on three highway supports in a row at the airport have drawn complaints, too.

    State Department of Transportation spokesman Scott Ishikawa said the Outdoor Circle raised its objections last week, and the state is researching the issue.

    "We're trying to look at what can be legally put up," Ishikawa said. "We're looking into the matter right now."

    City computer programmer Debbie Stelmach, who works for the Department of Information Technology, said she's opposed to the signs and started complaining as soon as she saw them go into the Municipal Building garage.

    Stelmach, who has worked for the city for 11 years, said the ads set a dangerous precedent.

    "Soon it's going to be at the beach parks, and at the zoo and at the Blaisdell," she said.

    She said she did not realize that they are already up in the Blaisdell parking garage. "I don't think people want to see that," Stelmach said.

    Reaction to the signs among people walking past them yesterday ranged from indifference to people who disliked having to face an ad in a place they weren't expecting one.

    Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com.