Judge rules that controversial Lamar sign atop Mt. Washington can stay

An Allegheny County judge has reversed a Pittsburgh Zoning Board of Adjustment decision that ordered Lamar advertising to remove a controversial sign from atop Mt. Washington.

Common Pleas Judge Joseph James's order is a setback for a lawsuit filed by Pittsburgh seeking immediate removal of the sign. The city and Lamar, the nation's largest outdoor advertiser, have battled over the sign since 2016 when the company converted it from an electronic billboard for Bayer Co. to a black-and-gold vinyl advertisement for Sprint.

The zoning board last year ruled that the sign violated the city's zoning code.

“We're thrilled that (James) upheld our property rights and recognizes that our sign's been there as a legal sign for almost 100 years,” said Downtown attorney Jonathan Kamin, who represents Lamar.

In his seven-page opinion, James noted that the zoning board in 1928 and 1933 supported the sign's use for advertising and in 1985 the city issued a certificate of occupancy for the billboard. He wrote that the company since then has consistently paid an annual sign permit fee required by the city, and Pittsburgh has accepted the fee.

“Lamar did not need a permit to change the advertising copy of the billboard and did not violate (the zoning code),” the judge wrote.

The city has yet to decide whether it will appeal, according to Dan Gilman, Mayor Bill Peduto's chief of staff.

“We just received notice at the end of yesterday,” Gilman said. “Our attorneys are taking time to review the court's decision.”

Peduto has called the sign an eyesore, but said he would consider the possibility of Lamar converting it back to an electronic billboard.

Kamin said Lamar applied for a permit that cost $72,000 to modernize the sign with a form of LED lighting, but Pittsburgh would not issue the permit. He said the sign would remain vinyl unless the city switches its position on the permit.

“That permit application has been sitting there for over three years now along with my $72,000 check,” he said. “Until we get some action from the city on that we're just going to keep the status quo.”

The 32-by-225-foot billboard, which now reads “Connecting the City of Champions,” had for decades promoted local companies, including Bayer, Alcoa and Iron City Beer. The sign used to flash the time and the word “Pittsburgh” on occasion.

Bob Bauder is a Tribune-Review staff writer. Reach him at 412-765-2312, bbauder@tribweb.com or via Twitter @bobbauder.