• by Erik Sass  @eriksass1, August 9, 2013

The campaign against out-of-home advertising “clutter” is taking to the air, with new bans on aerial advertising being considered in San Francisco and Austin, Texas.
 
San Francisco city supervisors are currently weighing a new city law that would prohibit aerial advertising towed by planes, which has spurred complaints from residents who say the constant drone of the plane engines is testing their sanity -- especially in the area around the Giants’ AT&T Park stadium.

Critics also claim that aerial banners present a dangerous distraction to drivers. City supervisors are currently investigating the proposed ban to make sure it doesn’t run afoul of state or federal laws.
 
The city government of Austin, Texas is also considering a ban on aerial advertising including banners towed by airplanes, with proponents arguing that aerial advertising clutter endangers its “reputation as a world-wide venue for music and other events.”

The Austin city council agreed to begin considering the ban in June. It will reach a final decision whether to move forward with it later this month.
 
Legal experts warn that these bans are vulnerable to First Amendment challenges, as well as regulatory objections from the Federal Aviation Administration. Similar measures in Manhattan Beach and Huntington Beach, California,  were stymied when the FAA argued the municipalities were impinging on its authority to supervise air navigation.

However, there are some examples where bans have been successfully implemented. In 2006, Honolulu’s law banning aerial advertising was upheld by a federal appeals court.

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