Earlier this week, state Rep. Chris Lee said he is considering introducing legislation that would fine and confiscate airplanes of aerial advertisers if they tow banners along the windward and North Shore coasts of Oahu.

Lee represents Kailua and Waimanalo.

Honolulu Mayor Kirk Caldwell is also trying to ground the plane and has vowed to prosecute the company. 

Today, state Rep. Tom Brower announced plans to introduce legislation banning aerial advertisement in the state.

“The proposed legislation will seek to clarify the ambiguities and jurisdiction of aerial advertising written in federal, state, and city law,” according to a press release from Brower, who represents Waikiki and Ala Moana. “The measure will specifically make it illegal for a pilot to fly a plane out of a state airport for the purpose of towing a banner for advertisement.”

Rep. Tom Brower

As Civil Beat reported, Aerial Banners North of New Jersey has been flying a small, yellow plane hauling banners since Memorial Day. On Monday, the Federal Aviation Administration said that the towing waiver granted to ABN does not waive any state law or local ordinance. 

The Outdoor Circle, a local environmental group that has fought outdoor advertising for decades, is one of many groups that are incensed with the banners. After all, Honolulu banned aerial advertising in 1978 and its authority to do so has been upheld by a federal court.

Brower wants a comprehensive prohibition on flying banners.

“I have had discussions with U.S. Federal Aviation Administration and state officials to identify what we can do,” he said. “Due to the ambiguities of city, state and federal law, there is a need for legislation to add more clarity. Right now, we have federal and state laws that need further explanation.”

Brower continued: “Our skies are under federal and local jurisdiction, but state airport officials issue contracts and agreements with pilots and businesses. While the FAA has indicated that plane operators need to abide by state law and county ordinance, the contract signed by the particular pilot in question did not specifically allow or deny the operation of a tow banner business.”