What was thought to be a victory for the Pérez Art Museum Miami (PAMM) and the Adrienne Arsht Center for the Performing Arts in a monthslong digital billboard debate has since turned into something quite different. Rather, the real battle has only just begun.
In a recent reversal by the Miami City Commission at its May 23 meeting, the body voted to completely repeal an ordinance that allowed 1,800-square-foot LED billboards in downtown Miami. The rug was pulled out from under PAMM and the Arsht’s feet when it was revealed that the final vote would not include exceptions for the two entities, despite those exceptions having been proffered and preliminarily accepted at a previous meeting in April.
Even without the exceptions, PAMM’s sign – which is already constructed – would be able to remain on display as a legal nonconforming structure, since revoking the museum’s permit could cause the city to incur liability. In lieu of revoking that permit, then, the city decided to seek a declaratory judgment from a court on whether its leasing agreement was violated by PAMM in such a way that could result in the billboard’s demolition via suit.
(Samantha Morell for Biscayne Times)
The city of Miami is looking for a way to legally bring down Pérez Art Museum Miami’s 1,800-square-foot billboard.
“If there’s a path for that sign to come down, it should come down, and that’s what the residents are demanding,” said District 2 Miami Commissioner Damian Pardo, who first sponsored the repeal earlier this year after receiving complaints by a sweeping number of individuals living downtown.
Those residents have shown up in large groups to commission meetings to protest the large LED signs, complaining of visual pollution in their neighborhood and potential distractions to drivers.
PAMM’s sign is clearly visible from Interstate 395.
What’s at stake for the museum is an estimated revenue stream of anywhere from $1 million to $3 million that could result from the new advertising venture. PAMM’s chief operations officer, Mark Rosenblum, has repeatedly gone on record telling city commissioners that the LED billboard is the sole source of funding for its capital budget.
“While we haven’t seen an official notice from the city, we are in full compliance with our agreement with the city and with all applicable laws, and look forward to successfully resolving this issue," said a spokesperson from PAMM in a written statement to the Biscayne Times.
Meanwhile, the Arsht asked the city of Miami for its own permit to be revoked under orders by Miami-Dade County, the museum’s landlord. The Arsht is being asked by Mayor Daniella Levine Cava to seek approval for its two proposed 10-story billboards at the county level instead, likely leaving the decision up to the Board of County Commissioners.
Though permission for signs at the Arsht and PAMM was removed from the city’s ordinance, other amendments proposed in April by Miami Commission Chair Christine King setting certain operational requirements for digital signage were still incorporated into the code. That includes that a sign’s brightness be restricted and that its regular hours of operation be limited from 6 a.m. to 11 p.m.
Those conditions will apply, for instance, to PAMM’s billboard for as long as it remains standing, pending the city’s potential legal challenge, as well as three smaller digital signs that were allowed in Bayfront Park.