Copyright 2009

Cumberland Times-News (Maryland)
Distributed by McClatchy-Tribune Business News
October 7, 2009 Wednesday
STATE AND REGIONAL NEWS
20091007-UM-No-state-law-regulating-any-advertisement-s-content-1007
661 words
No state law regulating any advertisement's content
Kevin Spradlin, Cumberland Times News, Md.

Oct. 7--NEW CREEK, W.Va. -- Communities across the nation are working to determine what, exactly, constitutes an explicit message on outdoor advertising, including large billboards along well-traveled thoroughfares.

Officials said an advertisement for Salon Exposure, a hair and nails shop on North Main Street in Keyser, could put the 14-year-old company's image on the line -- as well as initiate debate locally.

Salon Exposure owner Amanda Rader said the advertising company she worked with, InSite Media, helped produce the creative ad. InSite Media owns 20,000 billboards in 4,000 locations across the country, according to an industry news Web site. Rader said she thought nothing of the message -- and no one else involved in the advertising did, either.

The U.S. Supreme Court has left it to individual communities to define what they feel is explicit. State Delegate Robert A. Schadler said there is no law on the books in West Virginia.

The state Division of Highways focus "is only on location and permitting of signage," Schadler said. "They have no control over the content of the signs. The only way there would be any control (is) an ordinance passed by the city or the county. To the best of my knowledge, we have none in Mineral County."

Wayne Spiggle, county commissioner, recognized the importance of signs for businesses.

"This is a free country," Spiggle said, "and you can put on a sign whatever you want. The whole business of signage is an unresolved question, particularly in West Virginia, where there is no legislation. Quite frankly, I'm glad the issue is beginning to emerge. I think it's an issue that, as a community, we need to deal with."

Spiggle noted that all billboard signs, not just ones with a potentially questionable message, should be regulated. But he's not ready to endorse any proposal without community discussion on county government's role in land-use planning.

The issue could be coming at an ideal time, Spiggle said, as the Mineral County Planning Commission is currently reviewing a second draft of an updated county comprehensive plan. That plan, Spiggle said, does not currently permit the county to take action on the issue. That could change, however.

"It's going to require a lot of community input," Spiggle said.

The sign, which features the name Salon Exposure but with the "S" and "ex" written in pink script while the remaining letters are written in white, is "going to strike different people differently," Spiggle said. "My first impression is that we had another nude dancing business in town. I know that's not the (intended) impression ... (Rader) would be horrified to think that would be a first impression of this sign.

"It sure gets your attention," Spiggle said, "but it doesn't explain to me what she's doing. I hope that I'm wrong, but I fear that this ad does not serve her business in the way she designed it to do so."

Mineral County Planning Director Scott Clay said the billboard was permitted years ago.

"Once a structure is erected, we don't have any policy on what the advertisements are," Clay said. "The county would have no ability as far as what goes on (the billboard) to control the advertising on the sign. Maybe the Keyser Police Department or the Keyser prosecuting attorney ... it sure sounds like they're offering services other than hair and nails. Clearly, 'sex' is written in script. Yeah, it sure sounds like somebody is blatantly advertising services that probably would prove to be illegal."

Contact Kevin Spradlin at kspradlin@times-news.com

To see more of the Cumberland Times News or to subscribe to the newspaper, go to http://www.times-news.com/. Copyright (c) 2009, Cumberland Times News, Md. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
October 7, 2009
      
 
Copyright © 2009 LexisNexis, a division of Reed Elsevier Inc. All Rights Reserved.  
Terms and Conditions   Privacy Policy