From Media Post

Nonprofit public interest group Scenic America has sued the U.S. Department of Transportation (DOT) and a unit under its wing, the Federal Highway Administration (FHWA), for exempting digital billboards from the ban on many outdoor advertising signs near federal interstate highways and other highways built with federal aid.

According to the suit, the FHWA issued a memorandum in 2007 exempting the electronic signs without formal input from the public, in violation of both the Highway Beautification Act and the Administrative Procedure Act. The suit was filed Wednesday in U.S. District Court in Washington, D.C.

“Shielded by the 2007 de facto rule change, advertising companies have constructed and operated new digital billboards featuring commercial advertising displayed intermittently thousands of times a day that shine day and night into citizens’ backyards and bedrooms, put the public at risk of car crashes caused by driver distraction and mar the beauty of America’s countryside and communities,” the suit alleges.

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