WHEN OAAA FOUGHT THE FEDS
Is a billboard a protected property interest? Cannot Afford to Forget

WHEN OAAA FOUGHT THE FEDS —Cannot Afford to Forget
By Brent Baer, Publisher, OOH Today
There are moments—usually when you’re in the middle of your own zoning fight, takings claim, or “just compensation” negotiation—when history stops feeling abstract.
You remember that out-of-home didn’t drift into legitimacy.
It fought its way there.
Long before programmatic DOOH, before attribution models, before OOH was invited back into national media plans, the OAAA existed for one overriding purpose:
To protect the industry from being regulated, erased, or taken by the federal government without compensation.
That mission wasn’t theoretical. It was existential.
The OOH industry has never lost a roll-call vote in Congress.
When OOH’s real enemy wasn’t digital — it was Washington
For younger OOH professionals, it can be hard to grasp how hostile the environment once was.
Billboards weren’t merely regulated.
They were politically targeted.
After the passage of the Highway Beautification Act, the federal government and state DOTs were emboldened to push harder:
- Remove lawful structures
- Redefine legality retroactively
- Avoid paying compensation by regulation
The core question was simple and dangerous:
Is a billboard a protected property interest—or a disposable nuisance?
The answer we live with today exists because the OAAA of the past refused to let someone else answer it for us.
The people who stood watch (and deserve to be named)
This was not a bloated trade association with endless staff.
It was a lean organization supported by serious operators, elite outside experts, and political veterans who understood that silence in Washington equals loss.
Leadership at the center
- Nancy Fletcher, former CEO of OAAA
Fletcher’s tenure defined an era of vigilance. She understood that OOH didn’t need to be liked in Washington—it needed to be respected and defended. - Kevin Reilly, Lamar Advertising
Representing operators who knew that property rights only exist if they’re enforced. Support from leaders like Reilly made advocacy real, not symbolic.
The legal backbone
OAAA’s effectiveness came from knowing when to bring in top-tier expertise:
- Eric Rubin – constitutional and First Amendment strategy
- Myron Laible – land use and billboard law authority
- Ken Klein – takings and compensation law
These weren’t academic debates. These lawyers established precedents that still protect valuation, amortization, and compensability today.
Strategy, accounting, and government affairs
OAAA’s small staff was amplified by specialists who knew how to win:
- Joe Lively – valuation and financial defense
- Rob Davis and Lee Rafkin – framing OOH for policymakers
- Vern Clark
- David Strauss
- Jack Schenendorf
- Drew Willison
No grandstanding.
No social media applause.
Just disciplined advocacy.
one event/one date every OOH professional should know
The defining moment: the 1991 Billboard Vote
If there is one event/one date every OOH professional should know, it’s this.
1991. Washington, DC.
Congress considered legislation that would have:
- Banned new billboards
- Undermined existing property rights
- Set a precedent for uncompensated takings
The vote occurred during OAAA’s Centennial Convention in Washington.
This wasn’t symbolism.
It was a showdown.
The result?
Congress rejected the bill 60–39.
That vote is widely regarded as:
The most important congressional action affecting OOH since the Highway Beautification Act of 1965.
And it didn’t happen by accident.
Congressional allies who mattered
OOH had champions who understood infrastructure, transportation, and property rights:
- Harry Reid
- Bud Shuster
- Jim Oberstar
They didn’t just vote the right way.
They fought inside committees, markup sessions, and negotiations.
That’s how industries survive Washington.
An undefeated record most people don’t know
Here’s a fact that should stop every room:
The OOH industry has never lost a roll-call vote in Congress.
Not in 1991.
Not since.
Including a significant vote in 2015.
That record isn’t luck.
It’s the result of constant vigilance.
The danger of a generation that never saw the war
Most younger OOH professionals have:
- Never had a sign seized without compensation
- Never faced a federal push to erase an entire corridor
- Never had to explain to a legislator why a billboard is protected property
That’s not ignorance.
It’s an inheritance.
But inheritance comes with risk.
Because when a generation doesn’t remember why protections exist, it assumes they’re permanent.
They aren’t.
when a generation doesn’t remember why protections exist, it assumes they’re permanent
Federal takings never disappeared — they just got quieter
Today, the language has softened:
- “Safety”
- “Environment”
- “Infrastructure modernization.”
- “Urban design.”
Different words.
Same pressure.
Zoning creep is real.
Aesthetic regulation is fashionable again.
Climate and transportation policy are reopening takings questions.
History doesn’t repeat loudly.
It waits.
Why OAAA vigilance still matters
This is the lesson the past is trying to hand the future.
If the OAAA—or any successor body—stops:
- Monitoring legislation
- Funding legal defense
- Educating lawmakers
- Defending property rights
The cycle resets.
Not overnight.
One “reasonable” regulation at a time.
If you don’t defend your rights, someone else will redefine them for you
Final thought: peace is borrowed, not permanent
The OAAA of the past earned respect the hard way.
It understood a simple truth:
If you don’t defend your rights, someone else will redefine them for you.
Today’s OOH professionals operate in relative calm because others stood watch.
The question isn’t whether another fight will come.
It’s whether the industry will remember—
and be ready—
when it does





