SPANISH FORT, Alabama -- In what appears to be a trend on the Eastern Shore, the Spanish Fort City Council voted to settle a lawsuit it filed three years ago against Lamar Advertising over a digital billboard on the Mobile Bay Causeway.
The issue came to a head in 2011 after Lamar converted an existing static sign to a digital billboard on the Causeway, near the old Ramada Inn site facing the eastbound traffic on Interstate 10.
In the lawsuit filed in November 2011 against Lamar Advertising of Mobile as well as Louisiana-based TLC Properties Inc., the city argued that the sign was converted to digital billboard without obtaining a proper permit and violated Spanish Fort's sign ordinance.
The case was slated for a bench trial on Oct. 28.
Leading up to the lawsuit, the council approved a six-month moratorium on the construction of billboards and off-premise signs.
A similar battle over digital billboards was settled earlier in the year in Daphne with the council agreeing to allow Lamar to erect a double-faced digital sign on U.S. 98 in exchange for the removal of all static billboards in the city.
In Spanish Fort's case, the council agreed to allow the single-face digital billboard to remain in exchange for Lamar committing to not build any more billboards, digital or static, in the city.
Working plans by Lamar to construct four others billboards on the Causeway will also be scrapped as part of the agreement approved by the council Monday.
Mayor Mike McMillan, who will execute the agreement, said he was satisfied with the settlement.
"It's something that's been on our plate," he said. "We were going to be in court for awhile and paying attorney fees and those kinds of things -- fighting a big corporation. I think it's a win-win for both organizations."
The council discussed the settlement during a work session before Monday's regular meeting.
Prior to the council's approval, City Attorney David Conner outlined the proposed agreement.
In addition to not building anymore billboards within the city's corporate limits -- unless the sign ordinance is amended to allow such signs -- the agreement states that Lamar:
- recognizes that the city's sign ordinance is valid and enforceable.
- will be allowed to maintain its existing billboards.
- agrees to not "advertise sexually oriented businesses, services or products; adult or mature content; or any tobacco products in any of its signs at anytime."
- agrees to make the digital sign available to local law enforcement agencies in the event of Amber Alerts or other emergencies.
- agrees to donate advertising space to the city, as part of its message rotation, four times each calendar year for a minimum of four weeks.
- will not increase the digital billboard sign face beyond 680 square feet.
- will utilize images at a constant video or light intensity that are 8 seconds in duration. Streaming video and flashing images and graphics "appearing consecutively for less than 8 seconds shall be prohibited."
- and Spanish Fort will dismiss the case with prejudice, meaning the city is barred from filing another suit on the same claim. Each party will also bear its own costs related to the case.