As a way of sidestepping court costs associated with any potential legal challenges, Hermosa Beach city officials recently voted not to adopt an ordinance that would have banned aerial advertising in town.

During its last meeting, the municipality instead agreed to monitor both Honolulu and Huntington Beach, two cities that adopted similar ordinances that could now face lawsuits brought forth by aerial advertisers.

If both cities are victorious in defending the prohibition of banner-tow planes, then Hermosa Beach will follow suit with the same restriction.

“I didn’t want to put our city at unnecessary legal risk in order to make a simply symbolic gesture,” said City Councilman Art Yoon. “If the preponderance of credible, legal opinion supports the assertion that there will be no significant legal standing for a challenge, given the 9th Circuit’s decision, then I look forward to voting to eliminate the blight in our skies and over our neighborhoods.”

The Center for Bio-Ethical Reform Tuesday filed suit against the city of Huntington Beach to overturn its ban, contending the ordinance violates its free-speech rights.

The national organization located in Santa Fe Springs is known for its opposition on the issue of abortion, and claims the ban specifically targets its banners and prevents it from flying pictures of aborted fetuses along beaches.

According to Hermosa Beach City Attorney Mike Jenkins, the 9th U.S. Circuit Court of Appeals ruled that Honolulu’s ordinance was not pre-empted by federal law.

“The court found that Congress had made no decision to occupy this particular subfield of aviation but that it had left the door open for the FAA (Federal Aviation Administration) to develop regulations in this area,” explained Jenkins. “Honolulu did not dispute, nor could it, according to the court, that a federal regulation would have control over a contradictory municipal ordinance.”

In a 3-2 decision, Councilmen Michael Keegan and Sam Edgerton cast the dissenting votes on the matter, contending a 9th Circuit Court of Appeal ruling in Hawaii provided other cities belonging to the same district with the authority to govern its airspace to a certain degree. Edgerton claims this recent ruling favors an ordinance against banner-tow planes and would allow for Hermosa Beach to regulate its own airspace while providing it with strong backing against any potential lawsuits.

Although the 9th U.S. Circuit Court of Appeals ruled that Honolulu’s ban, which is nearly identical to Huntington Beach’s, is not trumped by the Federal Aviation Administration, the court ruling did not address the First Amendment issue.

“We have the right to enforce a ban because the law in our circuit, which is the 9th Circuit, says we do,” Edgerton explained. “We don’t need to stretch our reasons for an ordinance because of this case which stands in favor of this ban. I am certain that one City Council member will change his vote once he reads the decision. I want to circulate the decision and gain enough support among my colleagues for some kind of reasonable regulation of these banner-tow planes.”

The entire City Council opposes aerial advertisements and hopes to adopt the ordinance in the future. It would also like to encourage cities like El Segundo, Manhattan Beach, Redondo Beach and Torrance to take on a similar approach.

“I don’t want to be the point of the spear,” said Councilman J.R. Reviczky. “There is no question that any ordinance passed will be challenged and I prefer to have some other city pick up the cost. We have time to look into the issue as we are entering the off season for these advertisements and I think it’s the prudent thing to do before we start hiring attorneys, etc.