News -> News WED, NOV 10 12:00AM by Nathan Stubbs

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20101110-news2-0101
Cox Communications demanded that LUS stop distributing
yard signs, claiming they violate the city's own
sign ordinance.
Wednesday, November 10, 2010

Cox Communications threatens a lawsuit over LUS Fiber’s use of yard signs.
By Nathan Stubbs

LUS Fiber has ceased the distribution of yard signs that read “I’m proud of my LUS Fiber” to its customers following a letter from a Cox Communications attorney threatening legal action against the city over the issue. In a letter addressed to Lafayette Utilities System Director Terry Huval, Cox attorney Mike Skinner writes that LUS’ telecommunications division, and by extension Lafayette Consolidated Government, has been actively violating the city’s own sign ordinance. The letter is copied to City-Parish President Joey Durel and city-parish attorney Pat Ottinger.

Huval says that after receiving the letter, and reviewing it with Ottinger, LUS Fiber’s yard sign program has been temporarily discontinued and that no new signs are being handed out. Huval adds that LUS has not asked any customers to remove existing LUS Fiber yard signs and is still reviewing the legal aspects of the issue.

In 2007, in an effort to eventually reduce the visual clutter of signs from commercial strips like Johnston Street, the City-Parish Council passed an extensive sign ordinance regulating the size and placement of both commercial and residential signs. The ordinance states that in single residential lots, only the following signs may be allowed:

•  One sign, not to exceed 2 square feet in surface area, providing non-commercial content, such as the name and/or address of the owner or lessee of the residence, and/or a 1 square-foot business sign for an approved home occupation

•  One non-illuminated sign, not to exceed 12 square feet in surface area, pertaining to the lease or sale of a building or lot

•  One non-illuminated sign, not to exceed 32 square feet in surface area, identifying a developer, engineer, architect, or contractor engaged in the construction of a building or development; this sign may not exceed 10 feet in height and must be removed within 30 days following occupancy of the building

The ordinance also allows for certain political yard signs. Political signs are defined as those advocating a position, party or candidate on an upcoming ballot. The law states they can be no greater than 8 square feet in area, installed no earlier than 90 days prior to the balloting for which it was prepared, and shall be removed within 10 calendar days following the decisive vote.

According to these restrictions, several commonplace yard signs such as those advertising a home landscaper or other services would also be illegal. Skinner only mentions the LUS Fiber signs in his letter on behalf of Cox. The letter also includes a photo example of an LUS Fiber yard sign, which the letter states was taken May 25, 2009, at 100 Spencer Drive in Lafayette.

In addition, Skinner cites a newsletter sent out by LUS Fiber that mentions the signs. “In this newsletter, LUS Fiber is actually encouraging the use of these illegal signs,” Skinner writes, adding that this violates another city ordinance which “places a duty on all officers and employees of the city-parish government to report violations of the Zoning Ordinance to the zoning administrator.”

The attorney’s missive wraps up with the following warning: “Within 10 days of your receipt of this letter, unless these signs are removed and my client receives assurances that the use of these illegal signs by LUS Fiber will stop and not be resumed, my client has instructed me to take whatever steps are necessary to halt this illegal activity, including, but not limited to, filing suit against Lafayette Consolidated Government and against Lafayette Utilities System and its Communications Division for unfair trade practices seeking damages and injunctive relief.”
 
In a follow-up letter addressed to Ottinger, Skinner provides a list of 19 locations he says continue to be in violation of the sign ordinance. “I would appreciate it if you would forward these addresses to the Planning and Zoning Department, or any other appropriate agency or department, so that proper measures can be taken to have these signs removed,” he writes.


Comments (25)add
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written by Citizen X , November 10, 2010 - 06:12 am
I remember when Cox gave out yard signs to it's customers and the city made them stop. Nice to see Cox getting some balls to call LUS and the City out on their double standards.
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written by Cajunhiker , November 10, 2010 - 04:02 pm
Ha, kinda funny Cox catches the city violating its own law in the pursuit of marketing.
I wonder if state law over-rides city laws, because state laws require plumbers to put out yard signs with the name of their company, address and plumber's license on it when they are on a job. The city law says contractors engaged in construction or development, but a lot of plumbers are just doing repairs.
Looks like this city law needs to be revisited.
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written by Speaking out , November 10, 2010 - 05:28 pm
Warning: DO NOT TOUCH my yard sign, I placed it on my property because I want it there! exercising my first amendment right of free speech. Cox is ridiculous, telling people what they can and can't say. I'm so glad that very recently I no longer use any of Cox's services. I'm now fully on the superior internet service of LUSFiber for my home use, business, my entire company runs on LUSFiber and I can serve my clients better because of it.
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written by Citizen Y , November 10, 2010 - 05:51 pm
What do you do when you have an inferior product? Find a way to sue your competition. Lovely, Cox.
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written by Eat Prey Kill , November 10, 2010 - 05:52 pm
Terry Huval never cares about the laws anyway, so why should this be a surprise.
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written by Woody , November 10, 2010 - 06:50 pm
The city and parish should enforce the laws. I see anything from political signs, loose weight signs, day care signs, MMA fight signs etc. stuck on poles and in easements all over town...many after the event has passed. No one bothers to take them down until mother nature does it. Then they end up in ditches and yards throughout the land. Why have litter laws if these obvious litterbugs can get away with it? I'm just saying.
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written by ragin_cajun , November 10, 2010 - 07:28 pm
Speaking out --

"Cox is ridiculous, telling people what they can and can't say." The ordinance was passed by YOUR CITY COUNCIL! You got a problem with the LAW, not Cox, hampering your 1st Amendment rights, then you need to call your city councilman and tell him to change the law.

Also, I'd like to know why a local business is better informed than city government about laws city government has passed and presumably enforces. This is an embarassment!





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written by really , November 10, 2010 - 08:51 pm
Let’s look at what the really issue is, it’s not the signs:

Cox is upset about LUS Fiber taking a lot of customers away from them. The only way they can stop it is to use the revenue from selling services to Lafayette residents and hire people to come up with minor issues that hurt the only community owned Communication Company in Lafayette.

As a resident of Lafayette I am proud to not only of living here, but having all six of the utilities LUS Fiber and LUS provide at my home.

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written by Soop. , November 10, 2010 - 09:32 pm
What? Cox doesn't want a competitor to get free, illegal advertising? How dare they engage in such scandalous behavior!! How dare they ask the City be required to follow its own laws!!

All the best,

Soop
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written by think , November 10, 2010 - 10:07 pm
"Cox is upset about LUS Fiber taking a lot of customers away from them."

Is that why Fiber to the Home has already blown through the public tax dollars it was allocated by voter approval, and now, LUS Utilities is having to loan the program more?

Fiber to the Home is losing money, folks! Guess who is going to continue having to subsidize this failing business?
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written by Think Twice , November 11, 2010 - 02:21 am
LUS Fiber has not had to borrow any money from LUS. Oh, but those who wake up every morning wondering who to attack next don't want to know the mundane truth.

We already know the names of the public officials who were brave enough to try to move Lafayette forward.

How about the naysayers who hide in the bushes likely cloaked by agendas that are against our city's progress?

Tell us who you are, you cowards - or by doing so, do you reveal your true motives??
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written by holeinthedonut8 , November 11, 2010 - 03:28 am
communist dictatorship redflex! ARGH
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written by Go Cup Monster , November 11, 2010 - 01:44 pm
Just proves a BIG point that LUS is a joke first To Go Cups now they are violating there own rules .....NICE great job Joey Durel
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written by Go Cup Monster , November 11, 2010 - 01:50 pm
How is Cox ridiculous? Why cant every one just follow the rules ? So what if you have Cox,LUS or ATT who really cares do what makes you happy just because you have a sign in your yard doesn't make you superior than anyone around you. Freedom of choice lets stop the pissing contest.
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written by SemperFi1966 , November 11, 2010 - 07:08 pm
I don't want signs on my personal property. Signs on non-owned property do nothing but litter up the area. I see too, too many of these snipe signs and they are illegal. Enforce the law, pentalize them all. We need all Louisiana citizens to stop littering our community. Have some self-respect for God sake. Just quit breaking the law.

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written by SemperFi1966 , November 11, 2010 - 07:16 pm
I don't want any signs on my personal property. I see too, too many illegal signs on non-owned property that are simply littering the community. We have laws on the books, enforce the laws, penalize them all. Let's all develope some self-respect and quit the littering. These illegal signs takes away the beauty of our neighborhoods and parish. A note to the politicians- clean up your act. Take your signs down. It is over 10 days since the election- take down your signs. You are responsible so abide by the law.
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written by Pedro , November 12, 2010 - 02:24 pm
Cox does not like the competition. My internet "screams", my picture quality is great, and my telephone service is fine. I have great service at a great price. Never got that from Cox. Cox could have offered more years ago but had no reason to increase service. There was no competition.

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written by NORTHSIDIAN SHOTGUN , November 12, 2010 - 09:02 pm
joey and huval think they are scotfree and above the law, actually below the law, for this is how our lafayette administrators conduct every line of parish business, below the law under the table divvy up the pie. these are smallyime bird seed and guinea pig retailers with no idea of the business procedure to manage the affairs of a city this size these sticky finger couillions were left behind in 1958. prior to the conception of manufacturing concrete, this is when Johnston was a gravel road, and the easy pickins of stealing daily advertiser boxes and stealin the coins was the only score these couillions could manage
and were able to get away with, back then.
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written by JaneD , November 13, 2010 - 02:20 pm
I love Lafayette and think it's great that LUS is giving Cox a run for their money. I want my sign! I want everyone to know that I have LUS Fiber!

If I want to put a sign on my property I should be allowed to do so...isn't that the First Amendment!?! We should all contact our concilman and tell them I want my Freedom of Speech. Let's change that out of date law!!!
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written by James Melancon , November 13, 2010 - 05:40 pm
LUS or Cox, they both should obey the law, period.
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written by NORTHSIDIAN SHOTGUN , November 13, 2010 - 07:32 pm
JaneD, thats your claim to fame, you have LUS ?
AUGHHHHHH, ya probably in a mobile park and you beautify the park with a colorful LUS sign.
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written by Ernest Teeuwe , November 14, 2010 - 12:08 am
Why is a City creating Public businesses to compete against Private enterprise??? Seems kinda' Socialist to me.
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written by Morrow , November 14, 2010 - 09:26 pm
Sweet Heaven, if I could choose LUS, I'd make Slemco & Cox dizzy I'd switch so fast! I PRAY FOR THE DAY WHEN WE COULD CHOOSE OUR UTILITY SYSTEM, OUR CABLE AND OUR GARBAGE FOR THAT MATTER, just as we do our phone company! I'D LOVE TO HAVE COMPETITION FOR AMBULANCE SERVICE TOO. Competition, competitive rates.
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written by The Original Northsidian , November 16, 2010 - 10:52 pm
Morrow, just move to Lafayette and your wishes will come true!!
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written by Concerned4LFT , November 18, 2010 - 11:00 pm
Hey "Think Twice", thinking twice may be a little fast for you... try once.

"LUS Fiber has not had to borrow any money from LUS. Oh, but those who wake up every morning wondering who to attack next don't want to know the mundane truth."

http://www.lafayettela.gov/pdf/Finance/Budget/2011AdoptedBudget.pdf

Ok class, open your books to page 465. Copy down the number at the intersection of "LOAN PROCEEDS" and "FY 2009-10 AMENDED BUDGET". That number you wrote down should be 5,084,742.

Now class, go to page 401. Copy down the number at the intersection of "LOAN TO COMMUNICATIONS DIVISION" and "AMENDED 2009-10 BUDGET". The number you wrote down should be 5,084,742.

Now please compare the numbers. Do you THINK that they are the same? Do you THINK that because the line on page 401 says "LOAN" that maybe it is a loan?

Sorry. Trick question. Watch this video and start at about the 1 hour mark and tell me if you think this is really a "loan" or is it a fancy way of laundering money?

http://www.ustream.tv/recorded/8845474

I don't wanna "think" for ya, but I have never heard of a bank authorizing a loan and telling the person who is borrowing to tell them when they actually draw the money what they want to pay in interest, how they want to pay it back, and not worry about collateral. Sorry, but I don't "think" that's really a loan.

So I guess you were right after all. My apologies.
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