11.13Gilbert OKs Sign-walking Along With Strict Rules

Original article

Marjon Rostami, Arizona Republic

Businesses now have a new way of promoting sales and attracting customers: walking advertisements.

The Town Council approved regulations for sign-walkers at Tuesday’s meeting.

Gilbert had previously banned sign-walking in the town, but in March, legislators passed a bill requiring cities and towns to allow for sign-walkers by Dec. 31.

Among southeast Valley municipalities, Gilbert approved the most specific rules for safety of the sign-walkers and the flow of traffic, council members said.

Sign-walkers are not permitted to stand within 30 feet of road and driveway intersections and must stand 5 feet behind the curb.

They are not allowed in medians and must hold, wear or balance signs at all times.

Mesa does not regulate sign-walkers, Chandler allows them in the public right-of-way and Tempe has no restrictions beyond state law.

The issue was pushed back at the last council meeting because members wanted clarification on the 30-foot restricted zone.

Mike Milillo, the town’s senior planner, presented the council with a detailed diagram as well as a PowerPoint presentation with a model showing what is and is not permitted.

Gilbert resident Jim Torgeson, owner of Jet Media Promotions, a sign-walking business, assured the council that the regulations set would not be difficult to enforce.

“It’s not rocket science,” he said.

“It’s so simple (that) it’s disarming.”

Council members have said their concern from the beginning was about the safety of the sign-walkers, not the way the community would look.

“In the hundreds of thousands of hours of people I’ve put out there, I’ve never been the cause of an accident once,” Torgeson said.

09.28Gilbert to Reverse “Sign Walkers” Ordinance

Original article

Jason Massad, East Valley Tribune

Gilbert will no longer be able to ban people from walking around with signs announcing “Jesus Loves You” or “Pizza. You. Now,” which are ubiquitous in other parts of the East Valley.

The Legislature passed a law this spring that will soon require that cities back off a hard line against so-called “sign walkers” who flip, spin and flash brightly colored signs advertising car dealerships, pizzerias, and, lately, going out of business sales.

Mike Van Dusen was holding a sign Thursday near Gilbert and Germann roads advertising 50 percent off at a Linens-N-Things that is closing. He was on the west side of Gilbert Road - the side of the street opposite the store - which is in Chandler.

He said that no one had told him about the Gilbert ordinance, but his employer did tell him to stand on the Chandler side of the street.

Soon, it won’t matter where he stands.

The Gilbert Planning Commission has a recommendation on the table to allow the currently banned sign walkers and remove that type of advertising from a list of unapproved signs. The measure could be in effect by the end of November, and according to state law has to be in enacted by the end of the year, said Mike Milillo, a senior planner for the town.

“The town felt that there were aesthetic reasons for why we didn’t want to have them, and there were safety reasons,” he said. “They can be hazardous to motorists.”

Jet Media Promotions owner Jim Torgeson said that the restrictions in Gilbert and Scottsdale have always gone over the line in restricting advertising.

His Mesa business, which deals exclusively in this type of promotion, said for some retail and commercial operations, sign walker advertising yields much better results than newspaper and television ads.

“With this advertising it means that the average guy can say, ‘Hey, I’m selling great pizza,’ and he can take out a sign outside of his business instead of doing a $20,000 television campaign,” Torgeson said. “It protects the free speech of the small businessman.”

CiCi’s Pizza Buffet, a national franchise, was using its right to free speech Friday during the lunch hour. Justin Merrill, 17, was finishing up his street duty for the Mesa franchise near Gilbert Road and Southern Avenue around 1 p.m. He was spinning a sign that read “Pizza. You. Now.”

“It’s kind of demanding, isn’t it?” he said.

That’s pretty much the point of the direct advertising, Torgeson said. He and others protested Gilbert’s restrictions on the sign walkers early this year, before the law was passed that forced Gilbert’s hand.

He, along with a group, held a sign along a busy Gilbert street that said “Jesus Loves You” to see if the town would issue a citation. It didn’t, according to news accounts.

Torgeson said the protest helped prove a point. If the Jesus sign doesn’t distract motorists, then neither does the one for the car dealership.

“Really, what’s more distracting?” he said. “Someone holding a sign, or an attractive person standing there?”

03.06Justice Institute Could Join Sign Walker Dispute

Original article

Brian Powell, East Valley Tribune

signwalkers, human billboards, directionals

A national libertarian law firm is considering taking a case to challenge Scottsdale’s ban on commercial sign walkers from city sidewalks.

The Institute for Justice, which represented Bailey’s Brake Shop in its victory over Mesa eminent domain, may assist Jim Torgeson in his appeal of a Scottsdale citation issued last year for violating the city’s decades-old ban on the sign walkers.

“We are considering getting involved on his behalf, but we have not made a final decision,” said Tim Keller, executive director of the institute’s Arizona chapter, which takes cases involving what it sees as government intrusions on private property rights and freedom of speech.

Keller said if the institute becomes involved, it could be to handle Torgeson’s appeal of his Scottsdale citation, represent him in Gilbert where he is being charged with using a sign walker to promote a convenience store, or filing a separate civil action.

Keller said a decision will be made shortly.

Torgeson is a Chandler resident and owner of Jet Media Promotions, which employs sign walkers around the Valley to advertise car dealers, furniture stores and other businesses from public rights-of-way.

“It’s an intolerance and nonunderstanding of the needs of small, independent businesses,” Torgeson said of the Scottsdale and Gilbert bans.

Torgeson was cited by Scottsdale in January 2007 during the Barrett-Jackson Collector Car Auction while holding a sign advertising a car dealer. He was found guilty by Scottsdale City Court, and last month the Maricopa County Superior Court upheld the city court verdict that Torgeson violated the city code. Torgeson said he would be ecstatic if the institute took his case, but he is prepared to appeal all the way to the U.S. Supreme Court.

Scottsdale spokesman Pat Dodds said the city was pleased with the recent ruling.

Scottsdale has argued banning commercial sign walkers in the public rights-of-way is not limiting political free speech. The city has said the ban promotes safety and reduces visual blight.

In Gilbert last month, Torgeson and others held 6-foot-tall “Jesus Loves You” signs to test Gilbert’s ban. No citations were issued.

Meanwhile, identical Arizona Senate and House bills would overturn city bans on sign walkers. Both have been passed by Senate and House committees, but have not reached final votes.

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