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Pushed out and shut up- 78 year old Business Threatened by Eminent Domain and Forced to Take Down Banner

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Pushed out and shut up: 78-year- old business threatened by eminent domain and threatened to take down banner
By- Angelica Malik

One small business’  eminent domain nightmare has transformed into a case about First Amendment protections.

Central Radio Company, located in Norfolk, Virginia, may soon lose its building and property to eminent domain — but, in the meantime, the local government has told the company to remove the giant banner it set up protesting that possible fate.

Central Radio Company, created in 1934 to provide technical products and services for the radio industry, has withstood market forces, the Great Depression, World War II and the modern age to remain a successful veteran-owned small business servicing many, including the United States Navy.

But the Norfolk Redevelopment and Housing Authority (NHRA) has invoked its eminent domain authority to try to seize the company’s building and hand it over to Old Dominion University. The NHRA has condemned more than 170 buildings in the Hampton Boulevard area near the university.

The university has no current plans for what it will do with the Central Radio property, and owner Bob Wilson plans to keep them from ever touching it. After losing his eminent domain challenge in state court, Wilson took the matter to another court — that of public opinion.

Wilson commissioned a 375-square-foot banner to bring attention to his fight. The banner simply reads: “50 YEARS ON THIS STREET, 78 YEARS IN NORFOLK, 100 WORKERS THREATENED BY EMINENT DOMAIN!”

The banner, which can be seen a block away, is visible to thousands passing by daily on a nearby street. The city of Norfolk ordered Wilson to take it down because it allegedly violates a sign code stipulating signs must be 60 sq. ft. or less.

The libertarian public interest law firm The Institute for Justice is representing Central Radio Company in the free speech case regarding the forced removal of the banner.

Erica Smith, one of the attorneys working on the censorship case, said the forced removal of the banner is “a slap in the face,” considering Old Dominion University itself has banners larger than the one in question hanging from buildings that are visible to Central Radio Company.

Many other local business that are also in violation of the sign code have been left untouched by the city. Smith doesn’t see this oversight as a coincidence.

“It seems the city may be selectively enforcing the sign code against our client because they don’t like what they are saying,” Smith said.

The sign still stands until its fate is decided at a preliminary injunction hearing on June 28. The city has agreed not to take action until then and will not enforce the sign code violation fine of up to $1000 per day.

“Not only is it unfair, but it’s unconstitutional,” Smith said, noting that the company will appeal an unfavorable decision.

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