Foothills County was challenged in court last week as to whether its ban on advertising on trailers is an infringement of freedom of expression.
James Kitchen, the lawyer representing applicants against the ad-trailer ban, told Justice Nicholas Devlin the ban compromises his clients’ freedom of expression at Court of Queen’s Bench on Feb. 19 in Calgary.
“You can’t have freedom of expression if you don’t have the means,” said Kitchen, who is with Justice Centre for Constitutional Freedoms.
Foothills County council voted on June 5 in favour of significantly increasing fines for the already-illegal billboard-trailers that dot the main highways in the area — in an attempt to have them removed from the county.
A court challenge was filed on behalf of Spot Ads, which has advertising trailers in the County and Gerrit Top, a former Foothills County councillor, who has a trailer with a pro-life message on his property along Highway 2 south of Calgary.
Several members of High River Pro-Life were in attendance at court on Feb. 19.
The amendment increased fines to between $1,500 and $2,000. Previously, the fines were between $500 and $1,000.
The new regulations state the County could increase the fines by $2,000 a day until reaching a maximum of $10,000.
Three more applicants have been added to the challenge since it was filed in May.
Although the County does not allow for trailer signs, it does allow for other types of roadside advertising, such as properly-permitted traditional billboards, which are affixed to the ground. As a result, Foothills County’s lawyer Sean Fairhurst told the court that the applicants have other options to express their freedom of speech.
Justice Devlin said cost might be a factor in choosing this trailer-ad format.
“Does denying this form of expression actually deny them freedom of expression?” Devlin said to Kitchen. “Freedom of expression doesn’t have to be free.”
While Kitchen agreed there might be other options, he said the cost of something like a billboard could put a “chilling effect” on freedom of expression for his clients.
The esthetics of the trailer-billboards are also a concern, Fairhurst said.
He said maintaining wide open spaces and scenic vistas are top priorities in the County’s municipal development plan.
He said the trailer signs compromise the County’s esthetic looks — calling the trailer ads “a blight.”
Kitchen questioned how much impact the trailers have on the esthetics of the County — as the majority of the trailers are along busy Highway 2 or near the County’s industrial corridor.
“The County is large and diverse,” said Kitchen, who once lived in Foothills. “Highway 2 is not a rural back road, it is not like the Cowboy Trail.
“It is a major thoroughfare.”
(“Who is going to tell Highway 2 that you are not pretty,” Justice Devlin quipped).
Kitchen also questioned whether there is any uproar among Foothills County residents.
He said at the June 5 public meeting, the only public members in attendance were in favour of maintaining the signs.
Fairhurst said not having any support from the public at the hearings was not an indication as to how residents felt about the trailers.
That at some point, the public puts its trust in the democratically-elected councillors.
Kitchen said Spot Ads has made an application with Alberta Transportation but no action has been taken by the department.
Spot Ads at present does not have a business licence with Foothills County.
In an interview after the Feb. 19 court session, Kitchen said the trailer-ad prohibition is a freedom of speech issue.
“People should only have their chosen means of expression taken away by the government where there’s a darn good reason,” Kitchen said. “Mere vague allusions to signs not looking very good is not a good enough reason in my opinion… It is like I said to the judge, if you take away all the ways to say something, we are indirectly taking away the ability to say what they want to say.”
Kitchen also questioned why the trailer signs would suddenly be in compliance if the advertising signage were removed.
The County bylaw states a residence of less than 21 acres is allowed to have up to three unlicensed vehicles on the premises and up to five if it is more than 21 acres.
A court injunction stopping the County issuing fines against the trailer ads was put in place in December until the Feb. 19 decision.
Devlin extended that injunction on Feb. 19.
Fairhurst or representatives from the County did not wish to comment. Neither did Top nor representatives from Spot Ads.
No date has been set as to when Devlin will be making a decision.
