Indianapolis, IN —August 22, 2024 Lewis Wagner, LLP, is pleased to announce a significant legal victory for its client, Street Media Group (SMG), in a lawsuit against the Colorado Department of Transportation (CDOT). The Denver District Court has ruled that CDOT engaged in preferential treatment towards Colorado’s largest billboard owners, to the detriment of smaller competitors like SMG.
Represented by Charles Whybrew of Lewis Wagner, along with the Hon. Rich Blaiklock, formerly of Lewis Wagner, and Chris Carrington of Richards Carrington in Denver, SMG successfully argued that CDOT’s actions violated its equal protection rights. District Court Judge Sarah Wallace, in a detailed 19-page decision dated August 6, described CDOT’s enforcement practices as “abusive” and found that the agency had systematically favored large billboard companies such as Lamar Advertising, Outfront Media, and Mile High Outdoor Advertising.
“The court cannot find any legitimate state activity that would support such differential treatment,” Judge Wallace stated in her ruling. She emphasized that if public safety was the concern, then uniform and intentional enforcement of CDOT’s regulations would best serve that interest.
Judge Wallace’s decision revealed that CDOT “continuously renews” permits for at least six billboards owned by SMG’s larger competitors, despite these billboards also violating proximity rules. In one instance, CDOT even signed an agreement allowing a nonconforming sign by Mile High Outdoor Advertising to operate indefinitely unless federal authorities intervened.
“This ruling is a significant step toward ensuring that all companies, regardless of size, are treated fairly and equitably under the law. The court’s decision highlights the importance of uniform enforcement of regulations and serves as a reminder that no entity, no matter how large, is above the law. We are proud to have represented Street Media Group in this matter and are pleased with the outcome, which reinforces the principles of equal protection and fairness,” said Whybrew.
The exact implications of the ruling are still unfolding, as Judge Wallace has ordered CDOT to issue a new order consistent with her findings, though specifics were not provided.
For further inquiries, please contact:
Liesel Schmitz
LEWIS WAGNER, LLP
DIRECT 317.453.8699
EMAIL lschmitz@lewiswagner.com
About Lewis Wagner
Founded in 1955 by Robert F. Wagner and Edward D. Lewis, Lewis Wagner, LLP has built a legacy of delivering proactive and innovative legal counsel to individuals, small businesses, governmental agencies, and Fortune 500 companies. With a foundation rooted in common sense, accountability, and a deep commitment to client service, we have cultivated a reputation for exceeding expectations and providing practical, results-driven solutions. Our mission is to offer exceptional legal services at a competitive price while actively contributing to the professional and community landscape. At Lewis Wagner, we pride ourselves on fostering a stable, inclusive, and technologically advanced work environment that supports the growth and development of all our team members. With over 65 years of dedication to our founding principles, we continue to guide our clients through complex legal challenges with a focus on excellence and integrity. For more information visit www.lewiswagner.com
