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A federal judge is expected to rule in November on the legality of a New
York City ordinance restricting tobacco billboards. Enforcement of the ordinance has
been stayed until Nov. 11 and a ruling may be issued without oral argument by that date.
Meanwhile, New York City councilwoman Una Clark is said to be considering
introduction of a bill to restrict alcohol billboards, similar to the ban on tobacco boards.
In Chicago, a federal district court overturned an ordinance limiting alcohol
and tobacco billboards. A group of local billboard owners had challenged the measure
on federal preemption and First Amendment grounds. The court agreed the law
was preempted by the Federal Cigarette Labeling and Advertising Act without
reaching the First Amendment question.
Another district court judge concluded that a sweeping prohibition on
tobacco advertising in Burlington, Vt., was preempted by federal law and also violated
the First Amendment. "Advertising that does not directly incite illicit activity is
protected," said Judge William Sessions.
Los Angeles has passed separate 1,000-foot bans on tobacco and alcohol
advertising in publicly visible places near schools, churches, and parks. An industry
group is weighing a challenge to the alcohol ordinance. Eller Media and Outdoor
Systems, Inc. have already filed suit in federal court challenging the alcohol provisions of
a tobacco and alcohol advertising ordinance in Oakland.
The San Diego city council, meanwhile, has introduced but not passed a
tobacco-only billboard measure.
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