A nonprofit pro-life group based in California is challenging Honolulu's aerial advertising ordinance, saying it is unconstitutional. Pro-life group sues
over aerial ad lawThe suit against the city contends
the ban is unconstitutionalBy Debra Barayuga
dbarayuga@starbulletin.comCenter for Bio-Ethical Reform Inc. and its executive director, Gregg Cunningham, filed suit in U.S. District Court yesterday asking that the ordinance be found in violation of the U.S. Constitution and that the city be prevented from enforcing the ordinance.
Named in the lawsuit is the City and County of Honolulu, city Prosecutor Peter Carlisle and Police Chief Lee Donohue. City officials could not be reached for comment.
The group apparently sent a letter to the City Council last December asking that the city repeal its ban on aerial advertising, but received no response.
The organization has taken to the skies in other states to protest abortion in heavily populated areas, including beaches, by using aircraft to tow large, colorful graphic banners depicting first-term aborted fetuses. The aerial billboards are 50 feet tall by 100 feet long.
In Hawaii, the group has used trucks with the images of aborted fetuses on its sides and participated in pro-life demonstrations to send its message.
The suit contends that their messages are not advertising, but political speech whose purpose is to educate as many people as possible to the reality of abortions. The group says aerial advertising is the most safe and effective way to express their message in Honolulu to a mass audience.
The group contends the Federal Aviation Administration controls the airspace and the city's ordinance conflicts with federal law.
The city passed a bill in May 1996 banning aerial advertising, saying it was barred by city and state billboard advertising laws. The ordinance was in response to a helicopter that took to Waikiki's skies with aerial advertising. Skysign International Inc. voluntarily halted its operations 17 days after it began at the city's request. The company sought an injunction against the city but lost.
City & County of Honolulu