Tag Archives: Legal Matters

Rejected

12 Dec

From the National Post
The TTC has rejected a bid by the Ashley Madison Agency, a website that promotes adultery, to wrap a streetcar with ads promoting the controversial site, along with the slogan, “Life is short. Have an affair.”

The commission’s advertising review committee, comprising six city councillors, made the decision this afternoon after being made aware of the potential ad campaign by the TTC’s ad agency, CBS Outdoor.

“This is an issue about community standards,” said Councillor Joe Mihevc, a TTC commissioner. “We are, at the end of the day, a public body and the citizens of Toronto own the TTC. In this case, the reason why I voted not to accept the ads was because they violate a basic community standard around cheating.”

“When it’s a core fundamental value around cheating and lying, we’re not going to let those kind of ads go on.”

Yesterday the TTC revealed it was considering running the ads on one streetcar, a proposition that evoked criticism from pro-family organizations.

“People are generally outraged by that type of a lifestyle and to advertise it in such a public fashion, in my opinion, is wrong, said Dave Quist, executive director of the Institute of Marriage and Family Canada.

Earlier today, Noel Biderman, CEO of Ashley Madison, offered to drop the fare by 50 cents for any rides taken on a streetcar with ads for his company.

TTC spokesperson Brad Ross said such a proposition was impossible, given that TTC fares are policy decisions.

City OK’s Billboard Tax

8 Dec

From the Torontoist

Six days ago, we told you that City Council was about to discuss a proposed new sign bylaw and tax. Today, they finished. After seven years of campaigning by public space and arts activists, two years of research and work by city staff, and a day and a half of debate in the Council Chamber, Toronto now officially has a new system for regulating billboards. In a 29–12 vote, Council passed a harmonized billboard bylaw that will coordinate sign placement, size, and material, replacing the hodgepodge of regulations we’ve been stuck with since amalgamation. Most importantly, the new bylaw will ensure that billboards maintain their place in our city without becoming overly intrusive.

The tax rate was the most controversial part of the proposed package, with some claiming it was far lower than it ought to be given the industry’s presence in the city, and some that it was high enough to bankrupt that industry entirely. The staff recommendation was for a tax scheme that would bring in approximately ten million dollars a year, which the economist contracted by the City to research the matter concluded would amount to a 4–7% taxation rate [PDF]—though the billboard industry vehemently disputed that assessment. Council decided to trust its staff over the word of the industry (which never provided a detailed breakdown of its earnings or revenue to the City or the third-party economist) and voted in favour of the staff’s recommended tax rate 25–16.

Chair of the Planning and Growth Management Committee Norm Kelly had proposed an amendment that would allow companies to replace existing conforming billboards with LED signs and well as build new LED signs anywhere they get permission to install a billboard at all, greatly increasing their visual impact. Along with another motion which would cut the staff’s recommended tax rate by 40%, this spurred a renewed wave of the telephone and email campaign activists had been waging for weeks, flooding councillors’ voicemail boxes and inboxes with pleas to vote for the staff recommendations untouched. Some of his fellow councillors too found these motions unacceptable. Said Councillor Vaughan (Ward 20, Trinity-Spadina): “The notion that we have electronic blinking signs as-of-right in every neighbourhood in this city is unbelievable…We have got to get a handle on this.” Vaughan then went on to point out that the tax rate staff recommended had been reduced, twice, over the past few months, after the industry protested that it was set too high, and that further reductions would be excessive. In the end Council agreed with that sentiment, voting against the move watering down the regulations by allowed LED signs 26–15, just as it had voted in favour of the recommended tax rate.

Staff had originally recommended that the revenue from the tax be set aside—once the bylaw’s enforcement had been paid for—for arts funding. This was the one major recommendation Council rejected, deciding instead to send the money into general revenues. Recommendations as to its allocation will be made by the Budget Committee in the course of establishing the City’s budget. The arts activists who had campaigned so hard for this regulatory package and tax were sanguine, however. Devon Ostrom of the Beautiful City Alliance told us that “this tax wouldn’t exist if the arts community hadn’t it shepherded it through the process, and the Budget Committee has the moral responsibility to see it through.”

At core, though, is this: the City now has the ability, the resources, and the mandate to regulate an industry that has, since amalgamation and for years before, been operating largely unchecked.

Beautiful City

30 Nov

A message from Beautifulcity.ca


BeautifulCity.ca is a city building initiative that aims to beautify, democratize and diversify access to public space, and in turn — hold companies investing in billboard advertising accountable for their impact on shared spaces through an annual license fee.

The Rebuttal…

25 Nov

From Marketing Magazine (November 25, 2009):
Outdoor ad campaign takes on Toronto’s outdoor ad tax

In response to an impending new law that would tax billboard advertising in Toronto, the Out-of-Home Marketing Association of Canada (OMAC) has launched an outdoor campaign to bring the issue out of city council chambers and into the streets.

OMAC objects to the estimated $10.4 million in new taxes, which it claims would outstrip estimated industry earnings of $8.8 million.

The new law goes before a council vote on Nov. 30 , and is scheduled to go into effect in July 2010.

The association put up 139 billboards yesterday–provided by Astral Media, CBS Outdoor and Pattison Outdoor–that drive curious passersby to CityBillboardTax.ca.

Copy on the billboards say “How can the City tax an industry more than it earns?” and “Any tax affects you. Even one on billboards.”

Rosanne Caron, president of OMAC, said the tax will act as “prohibition” on outdoor advertising, driving costs up for businesses and charitable groups that receive donated ad space.

“We feel it is critical to communicate what is truly at stake if the new sign by-law and tax are passed into law,” Caron said in a statement.

OMAC has asked the council to postpone the vote for one month to examine the law and “reach a workable solution for all stakeholders.”

Toronto Adscapes has been following this story. For related posts, check out…
Signing off?
Toronto’s Ad Busters

Signing off?

6 Nov

Toronto Billboard

On November 4th, 2009, the Planning and Growth Management Committee unanimously passed the City’s new billboard bylaw and tax proposal.

This victory for public space advocates, progressive councillors, and Mayor Miller will provide harmonized regulation of the billboard industry and the tax will create the revenue needed to enforce those regulations.

Representatives from the billboard industry argue that the proposed amount of the tax ($10 million / year city wide) would put them out of business. However, many believe that the billboard companies are underestimating their earnings, greatly. The City hired David Amborski, an outside economist, developed the tax rate on the belief that it would amount to only 7% of industry revenue.

The most interesting moment of the night occurred when industry representatives, there in protest, argued that the proposed bylaw does not support, nor accommodate their continued growth, limiting the number of billboards that go legally be put up. These restrictions include imposing minimum separation distances between billboards and prohibiting them at intersections. In response to this, Councillor Janet Davis (Ward 31, Beaches- East York) said: “Well maybe we just shouldn’t have growth in advertising. I don’t want to live in a city with an ever-growing and burgeoning number of signs…it’s not my vision of a beautiful city.”

The bylaw’s next step will be a hearing before the full City Council.

For more information on the bylaw, read the City of Toronto’s official page for the bylaw at http://www.toronto.ca/signbylawproject/ or read a great overview from Torontoist.com at http://torontoist.com/2009/05/everything_you_ever_wanted_to_know.php

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