Times Square may lose its iconic appeal that draws tourists from all over the world, due to a 2012 federal transportation bill – under the jurisdiction of the 1965 Highway Beautification Act.
The legislation restricts signs exceeding 1,200 square feet on the National Highway System. As a result, the city Department of Transportation is under federal pressure to have the billboards removed, according the D.O.T. commissioner, Polly Trottenberg.
Why would the federal transportation bill restrict signs that clearly only impact the residents of New York City? Trottenberg explains during a panel on city infrastructure Thursday morning:
In the last federal transportation bill, MAP-21, they did kind of a funny thing, which I think was well-intentioned. They basically made a bunch of major roadways throughout all of America part of the National Highway System, and that has included a number of the major streets throughout New York City, including ones that run through Times Square.
It’s not a “funny thing”. It’s not just someone deciding that they will make it a law. It is central planning at its best- passing federal legislation with the help of lobbyists in D.C. and cunning politicians who give the law nice words like “beautification” to get politicians in your city, who couldn’t care less, to sell out on the city’s sovereignty. Nothing funny about it, Trottenberg.
Now some of Times Square’s enormously iconic, neon-lit billboards must come down or the city will lose about $90 million in federal highway money.
“We’re going to let outsiders who sit in a cramped room and have nothing to do with our city as far as partaking in it on an everyday basis change something that means something to the whole entire world? That makes total sense, just like everything else the federal government does,” Keith Watson of Flushing told CBS.
That’s exactly what the city allowed to happen when the politicians accepted these terms outlined in the law in exchange for cash. It’s why states can’t decide what the appropriate speed limit should be on highways that run through their cities, regardless of how much better or efficient it would be.
Instead of looking for alternative methods of maintaining road systems, local politicians grab the opportunity for easy money by way of federal tax dollars. So what if that means we have to follow some rules like what signs we can use on our streets? Is it unfair? Absolutely! Where I come from, we call this taking a bribe. There is no such thing as “no strings attached” when it comes to politics.
Additionally, New York City doesn’t really need to sell out to the “build our roads” that is the National Highway System law. Funding for the city could easily be independently sustainable with private dollars. No strings – just an honest exchange through commerce.
Times Square billboards are a massive revenue source for building owners, sometimes larger than the revenue earned from tenants of those buildings. In 2012, One Times Square pulled in $23 million from billboard revenue, the Wall Street Journal reports. In 2014, a new eight-story-tall, 24-million LED pixel screen began renting for $2.5 million for four weeks. That’s a lot of new roads. If they must comply to federal regulation standards as to how large the signs would be, clearly that would negatively impact how much Times Square would be able to command from advertisers.
Mitchell Moss, a professor of urban planning at New York University quoted in Capital, that the Highway Beautification Act was intended for rural areas, and is being misapplied to New York’s streets.
I remember when the Beautification Act passed, Ladybird Johnson never wanted to touch the streets of New York, it was for rural America. This is a gross and heavy-handed effort by the federal government to undermine New York’s vibrant street life. This is another example where the federal and state governments should stay out of New York. They have enough to do elsewhere.
Moss is highlighting what we can almost unanimously agree is typical government incompetence. However, it doesn’t negate the fundamental rule that the U.S. Constitution restricts the federal government from being “heavy-handed” with local governments, unless the states adopt laws that allow them the opportunity.
Meanwhile, the DOT is spending time and local tax dollars “working to find a solution” with the New York State Department of Transportation, as well as the city Department of Buildings as a result. Your tax dollars at work.
So, before we get wrapped up in the emotional discourse of how the ginormous signs are quintessential Times Square, there is a valuable lesson to be learned in this. If you don’t want the federal government dictating what your city can and cannot do, don’t take money from them.
UPDATE:
@1:52 P.M.
Gloria Chin from the New York City Department of Transportation responded to The Libertarian Republic, when we asked to offer any comments regarding Commissioner Trottenberg’s comments in the article. Chin did not directly address that question specifically, making it still unclear as to why the Commissioner made the comments she did. Chin offered the following statement regarding the Highway Beautification Act:
On background (attribute to DOT or DOT spokesperson) The signage will not be removed. The Moving Ahead for Progress in the 21st Century Act (Map-21) upgraded all principal arterials to the National Highway System, which includes streets in and around Times Square. These routes must comply with all federal regulations, including the Highway Beautification Act. We are in direct contact with the Federal Highway Administration on the matter and are working with New York State DOT and New York City Department of Buildings to identify a solution in which signage will remain unchanged. Additionally, funding will not be affected. The maximum area any sign is 1,200 square feet with a maximum height of 30 feet and maximum length of 60 feet.
5/8/2015-12:33 P.M.
The above article states that the Federal Government is forcing or putting pressure on NYC to comply to regulations. According to the Federal Highway Administration, this is not fact.
Doug Hecox head of Public Relations of the Federal Highway Administration offered this statement:
FHWA has been working with New York State DOT and the New York City DOT for nearly a year to correct this unintentional consequence of extending the National Highway System (NHS). At no time has FHWA asked NYCDOT to remove the billboards from Times Square of threatened to withhold funds. FHWA and NYSDOT have discussed the possibility of removing the NHS designation from specific roadways, and FHWA stands ready to act if we receive that request from the state.
The Libertarian Republic is currently reaching out to NYSDOT as well as NYCDOT for comment on the matter and will update as soon as we get a response from them.
