Ad ban focus of new lawsuit

Jose Paul Corona

The Center for Bio-Ethical Reform, a national group that opposes

abortion, sued the city of Huntington Beach Tuesday in an effort to

overturn its ban of aerial advertising, saying that the law violates

its first amendment rights.

The group had used the banner-towing planes, to advertise its

anti-abortion message, which depicts an aborted fetus. It is an image

the group has also plastered on trucks that drive around town,

specifically schools.

The groups director, Gregg Cunningham, was out of the country and

did not return calls by presstime.

Although Councilwoman Pam Julien Houchen specifically objected to

the group’s graphic banner, City Council members said the law was not

an effort to limit one group’s signs, but rather was an effort to

control noise pollution in the city.

“The banner ordinance was not put in place to do anything to this

organization,” Councilwoman Shirley Dettloff said. “That was not the

intent at all.”

The law was passed to address concerns of residents over noise and

safety issues. Dettloff added that she believes the lawsuit to be a

ploy by the group to draw attention to its campaign.

“I don’t know what direction [the lawsuit] will take, but they are

using the ordinance that we have put in place to put forward their

own agenda,” she said.

The city’s new law prohibits any plane with an advertisement in

tow from flying over the city or over the waters off Huntington Beach

out to three miles.

Violators will be fined $250, a penalty, which will increase after

subsequent violations.

The law, introduced by Councilwoman Connie Boardman, came after

the Ninth U.S. Court of Appeals in San Francisco upheld a similar law

enacted by the city of Honolulu, Hawaii. The Huntington Beach

ordinance is based on Honolulu’s law.