Banner battle lost, but war goes on
There are just some battles that are best forfeited.
One such battle was the city’s law prohibiting banner towing
planes from flying over the city.
While we empathize with residents’ aggravation and concern over
noise and safety issues, the fight to keep the law on the books had
become one the city could not win.
The Center for Bio-ethical Reform, the anti-abortion group
claiming its 1st Amendment rights were being violated by the law, was
an adversary the city might have been able to take, but the Federal
Aviation Administration was a much more worrisome foe.
When the FAA brought forward an amended regulation that made it
clear that it, and not the city of Huntington Beach, controls the
airspace above the city, it was time to back down.
The city’s depleted city coffers are already a point of concern
for many residents and elected officials.
The City Council was wise to repeal the law, rather than waste
taxpayer money on a losing battle -- not to mention the public
embarrassment of losing a case that had already gained wide
attention.
It should be considered a battle lost, but there is no need to
bail out of the war. The issue need not just die. The council should
continue to seek a way to address residents’ concerns about the
airborne summertime visitors.
Since the council has backed down and deferred to the FAA, perhaps
it should sit down with the federal agency and try to work out an
amicable solution. If the FAA is regulating the planes, perhaps the
FAA would exert control over the altitude and flight paths.
If that doesn’t work, perhaps the city could sit down with the
aerial advertising companies and hash out a possible solution. It is
time for diplomacy.
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