Billboard firm sues West Kittanning couple for 'harassing' customers
An outdoor advertising company is suing a West Kittanning couple who railed against its electronic billboard on Butler Road near their home for more than a year.
Oliver Outdoor Advertising in Butler said in the lawsuit that West Avenue residents Andrew and Patricia Colberg cost the company $50,000 in lost revenue by calling advertisers and asking them to pull their ads from the billboard.
The suit, filed Dec. 23 in the Armstrong County Court of Common Pleas, alleges the Colbergs repeatedly contacted 18 of its advertisers to “complain about the billboard and berate the clients for advertising on” it. Six of the customers pulled their ads after the calls, the lawsuit said.
The company installed the billboard in 2012. The Colbergs complained several times to the company and to West Kittanning officials that its light was shining into their home. They've asked the company to remove the billboard.
Patricia Colberg, who referred questions about the lawsuit to her attorney, Gregory Swank of Kittanning, said she was surprised when she and her husband were served the legal papers on Christmas Eve.
“Everybody's shocked by the whole thing,” Colberg said. “We're upset by it.”
Swank said he will file a response to the lawsuit and a counterclaim Friday.
“I think the lawsuit lacks merit because the Colbergs haven't interfered with Oliver's business — they were just talking to people about this situation,” Swank said. “Basically, Oliver seems to be trying to stifle the Colbergs and intimidate them with heavy-handed litigation.”
The counterclaim will request that the billboard be removed and that the Colbergs be compensated for legal fees and aggravation. Swank would not say how much money the Colbergs would seek in their counterclaim.
Clarion attorney Sara Seidle, who is representing the advertising company, did not return phone calls for comment.
“It's a shame that a corporation came into town and causes such a disturbance that these people can't even sleep or enjoy their home,” Swank said.
Patricia Colberg approached West Kittanning Council about the billboard a month after it had been installed, saying it was too bright and made it difficult to sleep at night. She followed up with complaints about the billboard at several meetings, including one in October when she told council she had started to call advertisers to express her displeasure about the signs, according to minutes of that meeting.
About a year ago, she asked council to develop an ordinance governing billboards and signs. Councilmen Cliff Neal, Ken Trudgen and Councilwoman Paula Henry formed a committee to develop the ordinance but have made little headway in drafting the law.
“There's been no movement on it,” Neal said.
On Monday night, council asked the committee to bring a sign ordinance to the Feb. 2 meeting to review, but Neal said he didn't know if it would be ready by then. But even if a ordinance is drafted and adopted, Council President Bob Venesky said it would only cover new billboards.
“It's an existing sign, so there's basically nothing council can do about it,” Venesky said. “There's nothing we can do to existing signs.”
Brad Pedersen is a staff writer for Trib Total Media. He can be reached at 724-543-1303, ext. 1337, or bpedersen@tribweb.com.
