LTC 252-2002CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No.
To:
From:
Subject:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez~, .~//
City Manager ~ ~
ADVERTISING ON PAY TELEPHONES
Date: October 30, 2002
The Neighborhoods Committee in their last meeting on October 17, 2002, recommended
drafting of an ordinance regarding pay telephone kiosks with paid advertising for
consideration on the November 13, 2002 Commission Meeting agenda.
This memorandum is to inform you that since then, the City Attorney's office has advised
the Administration that during the week of November 11, 2002, the United States 11~
Circuit Court of Appeals will hear oral argument on the City's appeal of the U.S. District
Court decision on the pay telephone lawsuit. The City will be informed of the exact date of
oral argument shortly.
Also, I need to inform you that Clear Channel Adshel, Inc., ("Adshel") the City's street
furniture contractor, has advised the City that they believe Adshel has exclusive rights to
place advertising on pay telephones in the public rights-of-way of the City of Miami Beach.
Adshel has indicated their willingness to work with the City, but also to assert their right to
seek legal relief if necessary. This claim is presently being evaluated by the City Attorney's
office.
Based on the above and to be prudent, the Administration will not submit an agenda item
regarding advertising on pay telephones for the November 13, 2002 Commission Meeting
agenda, so that we can have more time to gather as much information as possible as to
the positi~fof the federal appellate court on the City's ability to regulate pay telephone
advertisXi~ and J;he claim of Adshel on these issues.
c: R~bert C. Middaugh, Assistant City Manager
Fred H. Beckmann, Director of Public Works
Gary M. Held, First City Attorney
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