Des Plaines wins lawsuit against its billboard restrictions

Des Plaines has fended off a constitutional challenge over its refusal to let a billboard company post a sign in town.

A federal jury in Chicago this week found against a Georgia-based company that argued the suburb restricted its free speech by not granting a permit.

In 2004, Covenant Media sued the city, one of several lawsuits it filed against towns across the nation, to challenge billboard rules. Covenant had wanted to post 11 signs in Des Plaines.

A similar lawsuit Covenant filed against Elgin was dismissed in 2006.

U.S. District Judge Joan Lefkow in April 2007 ruled Covenant Media couldn't proceed with its complaint against Des Plaines, but she did leave an opening for Covenant to continue challenging one of the locations it wanted for a sign, at 911 E. Touhy Ave.

That proposed sign fell inside the city's standard that signs must be within 660 feet of a highway.

But Covenant failed to submit the necessary paperwork it needed to successfully apply for a permit, City Attorney David Wiltse said.

Instead of getting the Illinois Department of Transportation's OK as required by the city, Covenant sent the paperwork to the city instead of the state agency, he said.

A jury after about an hour of deliberating Wednesday ruled against Covenant.

Covenant owner Morgan Hudgens Friday didn't return a phone call seeking comment.

Des Plaines officials praised the jury's decision, which reaffirms a legal precedent that allows for local billboard restrictions.

"Towns have the ability to make reasonable restrictions on manner and placement," Wiltse said.

As a result of Covenant's lawsuit, Des Plaines aldermen in 2005 eliminated the fees it had charged for billboard permits.