Warning Signs

Warning Signs

Collier County told Jon McLeod he couldn't operate his mobile-sign trucks, but the entrepreneur fought back and won. It's another

example of the anti-business attitude that prevails in Collier.

During the real estate boom, Collier County officials could afford to say no to businesses who wanted to establish themselves there.

The county's stance against business in recent years got so bad that they even banned mobile-sign trucks from driving around. It's that kind of regulation that scares businesses from making any investments in places such as Collier County. Now that the downturn is reaching into the wealthy county, it's possible the government there may consider its anti-growth attitude.

Despite this atmosphere, one savvy entrepreneur took county officials to federal court - and recently won a $225,000 settlement. But it came at a huge cost of time and legal expenses. Jon McLeod, owner of Mobile Exposure in Bonita Springs, spent nearly two years and thousands of dollars fighting the county in federal court. "Why can FedEx drive down the road with their signs, but I can't?" he asked.

Specifically, the county outlawed any vehicle with moving signs. McLeod operates trucks with signs whose panels swivel to display a new advertisement every few seconds. If the signs don't move, they won't attract peoples' attention. "That's the key to my business plan," he says.

The county disagreed, arguing feebly that the mobile signs degrade the community's aesthetics, never mind that U.S. 41 is littered with garish signs. It also argued that McLeod's signs interfered with traffic safety, something that's not supported by any evidence. The county's attorney couldn't be reached.

In an opinion Feb. 13, U.S. District Court Judge John Steele admonished the county, telling government attorneys that they didn't have a compelling case. "For example, it is at best unclear how allowing a taxicab or a delivery truck to have signs with moving parts contributes to safety or aesthetics but disallowing [McLeod's] vehicles furthers such concerns," he wrote. "Therefore, the Court concludes that [McLeod] is substantially likely to prevail in its claim that the Collier County Sign Code provisions at issue in this case are unconstitutional."

These were sweet words to McLeod. The county threatened to fine him $1,000 per infraction if they caught his trucks driving around while his signs were swiveling. But he still had to weigh whether to fight the county in a trial, something that would prove costly. The county offered to pay McLeod $225,000 to settle the case before trial and let him drive his mobile-sign trucks around. He reluctantly agreed.

"Am I happy? Absolutely not," McLeod says. After he paid the legal fees, he had $506.36 left over. He estimated that the county's prohibition on his trucks cost him $275,000 in lost profits.

McLeod blames the county for dragging out the case. He had to deal with a succession of county attorneys who were slow to act. "They did everything they could to delay this as long as possible," McLeod says. "I don't have the ability to tax my constituents to pay for my legal cases."

And now, the economy is slowing down. "The first thing people cut is advertising," he says. He's invested his life savings in four mobile-sign trucks with business partner Kevin Morrison, but he's only running one of them now. Businesses that considered advertising with McLeod held back while the company was in litigation with the county. "It's extremely distracting," McLeod says. "I completely lost focus on the business."

Some advertising business is slowly coming back and McLeod hopes to have all four trucks on Collier County roads by early next year. "I don't know if we'll ever get back to where we were," he says. "Pioneers don't get rich. They clear the path."

Sometimes that means clearing government obstructions.

-Jean Gruss