Judge clips
sky signs in
Waikiki

An anti-abortion group plans
to continue its effort to fly the
ads depicting aborted fetuses

A federal judge has thwarted an anti-abortion group's plan to bring aerial signs depicting aborted fetuses to Waikiki.

U.S. District Judge David Ezra denied a request yesterday by the California-based Center for Bio-Ethical Reform Inc. to declare the city's ban on aerial advertising unconstitutional.

"There's no surprise there. We always thought this case would be decided on appeal," said Gregg Cunningham, executive director of the group, which sued the city in April 2003. He said the group will appeal Ezra's decision.

"Honolulu is not the first state that tried to stop us. We won in the past and I'm confident that we'll win in the future," Cunningham said.

Ezra ruled in favor of the city, saying, "Honolulu's ban on aerial advertising serves legitimate needs, including minimization of distractions for passers-by, and preservation of the natural beauty of Oahu's environment."

The ban, he said, "is designed to protect what is perhaps the state's most valuable and fragile economic asset -- the natural beauty upon which Hawaii's tourism economy relies."

The organization wanted to have an aircraft fly over Waikiki towing banners -- 50-feet high and 100-feet long -- displaying graphic photographs of aborted fetuses.

The organization contends the city ordinance violates the U.S. Constitution's protection of free speech.

"Hawaii is the only state in the U.S. where this has been prohibited, which is disappointing," said Robert Muise, who represents Bio-Ethical.

"It's a form of mass media. To relegate them to an ineffective form of micromedia, such as handing out leaflets, is effectively silencing my client's message in their right to free speech, and in fact, denying them to participate in the political process," said Muise.

"I remain very confident that the aircraft will fly over Honolulu. It's a question of when, not if," said Cunningham, noting that at least 25 states have allowed them to fly the signs.

But Gregory Swartz, who represented the city, said, "we don't believe their First Amendment rights are being violated. First of all, the ordinance is content neutral. Second of all, we don't believe the air space above Waikiki or the ocean right in front of Waikiki is a public forum. They don't have the right of free speech everywhere. The government has the right to regulate it."

"We feel that it's important to protect our scenic beauty and tourism industry and we're elated that the court has so far agreed with us," Swartz said.

Mary Steiner, chief executive of the Outdoor Circle, said they have fought aerial advertising four times since 1947.

"The first one had to do with a banner for whiskey. It was fought again in the 1970s and appealed in the 1990s with a helicopter pulling a lighted sign," said Steiner.

"Hawaii is one of four states that doesn't have billboards. By letting banner-towing in, it would just be another form of billboards. We're totally against it," she said.

Steiner said Cunningham is fooling himself in his belief that their signs will one day fly over Waikiki. "We'll take this fight all the way to the end," she said.