Today, U.S. Senator Brian Schatz (D-Hawai"i) announced that the Federal Aviation Administration (FAA) has confirmed that Honolulu's aerial advertising ordinance remains valid. The mainland-based company Aerial Banners North has been flying aerial banners over Oahu in violation of Honolulu's ordinance banning aerial advertising, while ignoring citations from the Honolulu Police Department. The company has argued that its FAA certificate of waiver preempts the Honolulu ordinance and allows it to fly aerial banners over Oahu. In Washington, DC this week, Senator Schatz reached out to the FAA at the request of Honolulu Mayor Kirk Caldwell and received a written response that the Honolulu ordinance prohibiting aerial advertising remains valid.
"This is great news for Oahu residents who don't want to see their skies cluttered from mainland companies. One of the things that makes Hawai"i beautiful is that we have well-thought out rules governing signage," said Senator Schatz. "This letter from the FAA makes it clear that this rogue company is violating our law and we expect and hope that this clarification will cause them to stop what they're doing."
In the 2002 case of Skysign International, Inc. v. City and County of Honolulu, 276 F.3d 1109 (9th Cir. 2002), the Ninth Circuit ruled in support of Honolulu's view that its prohibition on aerial advertising is not preempted by federal law. The FAA confirmed in writing today that the precedent from the Skysign case remains the FAA's position and that Honolulu has the right to prohibit aerial advertising.