County, City officials say banners on 6th and 7th Streets fall under ODOT rules; legal review to follow

Josephine County commissioners and City staff agreed on June 23 that banner permits for 6th and 7th Streets are governed by the Oregon Department of Transportation, and that the County should not alter its endorsement practices without legal review.

Commissioner Colene M. Martin said constituents have grown frustrated with the number of approvals required to display community banners. "People are asking why it takes so long and who needs to sign off," Martin said, noting the complaints prompted the joint update.

City Manager Aaron Kubik explained that ODOT requires applications to include support from a local governmental entity and that the City historically acted as an intermediary for applicants seeking banner approvals. Kubik said the City "discontinued its role in endorsing or sponsoring most banner applications due to concerns regarding freedom of speech issues, potential liability, and the significant staff time required to administer the process." He said the City now limits endorsements to events directly sponsored by the City, such as Boatnik, Art Along the Rogue, and Fourth of July celebrations.

Commissioners discussed distinctions between support, sponsorship and endorsement and acknowledged the need to align County practices with legal requirements while avoiding potential litigation. Participants agreed additional review with legal counsel would be appropriate before considering policy changes.

The meeting record shows no formal motion or vote on county policy; staff were asked to return with legal guidance and policy options at a future meeting.