Center for Bio-Eth v. Honolulu

BACKGROUND

Honolulu’s aerial advertising Ordinance is part of a long- standing scheme aimed at regulating outdoor advertising in order to protect the critical visual landscape that has made the area famous. The linkage between the scenic viewscapes and the economic well-being of Honolulu, including its tourist industry, is not disputed. As one witness aptly stated, “looking out to sea from Waikiki Beach without commercial or promo- tional interruption is as crucial to the Hawaii visitor’s and res- ident’s experience as is the uninterrupted viewing of the canyon for travelers to the Grand Canyon. . . . [F]ew things CENTER FOR BIO-ETHICAL REFORM v. HONOLULU 5643 can damage the distinctive character of a scenic view faster than a large moving sign pulled through the center of the field of vision.”

Given the importance of preserving the area’s coastal and scenic visual beauty, and in an effort to prevent potentially dangerous aerial distractions for its coastal vehicle traffic, Honolulu enacted the Ordinance, which, with few exceptions, prohibits aerial advertising:

(a) Except as allowed under subsection (b), no per- son shall use any type of aircraft or other self-…