On February 1, 2010, the United States District Court, Eastern District of Kentucky at Covington issued an opinion declaring a City of Covington ordinance regulating items placed in the public right-of-way to be constitutional. Bench Billboard Company of Cincinnati filed the lawsuit against the city in 2006.
The challenged ordinance prohibits placement of most items in the City’s public sidewalks and streets, including advertising benches and vending machines. Items that are allowed in the public right-of-way, such as news racks, are regulated and must meet certain size and aesthetic standards.
Hats off to City Solicitor, Frank Warnock, and T. Alex Mattingly, assistant city solicitor.