Concord Monitor Article published 7/19/06
Judge's ruling allows signs in city to go flashy Signs show more than time and temperature
Scrolling and flashing electronic signs are sprouting in Concord, after the city lost a free-speech challenge to its sign regulations.
Merrimack County Superior Court Justice Kathleen McGuire ruled that the city's ordinance -- which bans electronic signs with changing messages, except for those detailing time and temperature -- is unconstitutional. Concord can't allow electronic time and temperature signs, which the city considers a public service, and prohibit other messages, she said.
The city has appealed the decision, which was handed down this spring, to the state Supreme Court.
But in the meantime, several business owners are using the court decision to plow ahead with the signs. Last week, an electronic sign debuted at Uno's Car Wash on Loudon Road, urging motorists to "shampoo those carpets" and "wax that paint." The message changes about once every five seconds. The Concord Motorcycle Center on Sheep Davis Road also has an electronic message sign, city staff said.
"Eighty percent of my customers comment on how nice it looks compared to what was there. I'm real pleased with it. I think it ties things together," said Clark Tomassian, owner of Uno's. "The signage is kind of the icing on the cake."
The sign debate has pitted business owners against some city officials, who worry that the signs could attract flashing lights and scrolling screens. At a city council meeting in March, Councilor Keith Nyhan said the city "is going to look like Tokyo" if councilors fail to ban all electronic signs.
If the Supreme Court upholds the superior court ruling, the city will have to treat all electronic message signs, including those displaying time and temperature, equally. The council could ban all electronic message signs or allow the signs with some regulations. Councilors have postponed a decision on the signs since March. They could weigh in on the issue next month, said Ham Rice, Concord's code administrator.
Banning the signs hampers business, some business owners say. For Holly Carlson, general manager of Carlson's Motor Sales on Manchester Street, an electronic sign would keep employees from climbing a ladder to manually change the message. "I won't be doing anything flashing or scrolling," said Carlson, who plans to install an electronic sign. Hudson sign maker Barlo Signs filed the lawsuit on behalf of Carlson's.
For others, such as Tomassian, the signs show customers that the facility is modern. "People like to come to a clean, up-to-date" business, he said.
Barlo filed the lawsuit after the zoning board rejected bids by Carlson's, Uno's and the Red Blazer restaurant to install electronic signs with changing messages. The city has allowed one notable exception for the Capitol Center for the Arts, which has an electronic sign displaying upcoming events.
"There needs to be a little more freedom in the Live Free or Die state," said Don Reed, a senior designer with Barlo.
McGuire isn't the only judge to agree. Barlo has fought free speech challenges throughout the state, starting in Salem, where it won a superior court case, Reed said.
Once Barlo filed the lawsuit, city staff began drafting new sign regulations. In February, Rice proposed a plan to limit electronic message signs to commercial areas. The size of signs would also be restricted, and text would change no more than once an hour. But the planning board voted to recommend to the city council that the ban continue.
City staff then drafted an ordinance that prohibits all electronic signs, including those displaying time and temperature. Councilors tabled the proposed ordinance in March, which essentially made the ban the city's position until councilors take further action.
But even if councilors ban all electronic message signs, Concord will likely see several more. A handful of sign applications -- including Carlson's -- were submitted under the prior ban, which excluded electronic message signs with time and temperature. If the supreme court upholds the ruling, there are "about a half dozen of them that will legitimately be able to function within reason as they wish," Rice said.
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By SARAH LIEBOWITZ
Monitor staff
