week about the illegal banners hung around down town St. Paul. There is
a similar banner issue on Selby Avenue.
Here is the story. Advertising banners are not allowed on public
property or overhanging public streets. Advertising signs are things
that promote a product, service, etc. Events such as the Twin Cities
Marathon are not covered by this section of the sign code. The code is
neither unclear nor muddled. No advertising signs. Some months ago
Public Radio got permission from the Mayor's office to hang some
banners. District council 17 (down town) objected and the banners came
down.
Then came the Wild promotion. The banners went up all over town. After
receiving a citizen complaint Jay Benanav's office enquired of the
mayors office as to how this had occurred. The reply he received in
part said:
"the Minnesota Wild have paid for their banners to be printed and they
are paying Public Works $2,500 to hang the banners.
Also, it may be helpful for Council Member Benanav and the district
council to know that the City
Attorney's office has deemed that The State of Hockey Flag banners are
not an advertisement. As
you know, the hockey lockout last year had a tremendous impact on the
Saint Paul community. The banners are in place to get the community
excited about the return of hockey to St. Paul. The State of Hockey Flag
campaign has been embraced widely by residents, local businesses, and
the media. The State of Hockey Flag will also be passed through
communities across the state and will culminate in St. Paul during the
opening game. The results are a statewide and local community embracing
St. Paul as a venue for entertainment and a destination for quality
programming, which I am sure Council Member Benanav and the district
council would concur with."
Subsequent communications from the city attorney's offices disputed the
claim that these were not advertising banners and indicated that the
banners were completely illegal. They are a violation of the city's
zoning code. It is possible to get a variance to the zoning code as
anyone knows who wants to build too tall a fence or a garage too close
to the property line. But, there is a clear process and opportunty for
public input. The advertising restrictions on public property are there
for very good reasons, like not having the entire city swaddled in beer
and gambling promotions. Yet, the mayor's office seems to be taking the
position that this type of advertising is good and because it is good,
no need to follow the law or any kind of procedure.
Now it appears that the Mayor's office is going to try to pressure the
city council to give a variance to the the Wild so they can continue the
promotion. The Deputy Mayor implied that anyone who opposes these signs
is some kind of kill-joy, anti-city and anti-hockey. I beg to differ.
Some very pointed questions come to mind that I would like answered.
1. Can the council take a zoning appeal without the zoning committee of
the Planning Commission
hearing it first?
2. Can the council grant a variance without a public hearing and
without giving public notice?
3. If the council or anyone else gives the Wild the right to advertise
on banners, is the city not open to a constitutional challenge re:equal
protection issues since others are not allowed to do it?
4. Since it appears that the authority to hang the signs on city
property was granted by the mayor's office, could the mayor's office
also give permission to a favorite political candidate to advertise on
the skyways, afterall, political speech is the most highly protected
speech?
The problem here is not limited to the Wild. Recently banners were hung
on very ugly attachments to the lovely lantern lights along Selby
Avenue. The banners have some kind of smudgy graphic with an unreadable
"Selby Avenue" written across the bottom. In clear readable letters
across the top it says, "Saint Paul Pioneer Press". Gang, here are
additional illegal advertising signs. Like the Wild and the MPR signs,
I suspect these have been arranged by the marketing department, and
with absolutely no nod to the city's zoning code.
Frankly, it appears to me that "The Friends of Randy" get to advertise
on illegal banners and signs throughout the city. It is not right. It
should be challenged and those who do challenge it do not deserve to be
called anti-city nor kill-joys. I certainly hope some of the candidates
for Mayor will be willing to comment on this abuse of power and
authority. Ignoring the law or making it up as he goes along does not
become the mayor of our city.