Cities Can Consider Aesthetics When Regulating Wireless Facilities in the Public Right-of-Way
Cities can regulate wireless facilities in the public right-of-way based on aesthetics. Last Thursday, the California Court of Appeal upheld a San Francisco ordinance that allows consideration of aesthetic impacts when permit applications are processed for wireless facilities in the right-of-way.
Several wireless service providers had argued that state law limits cities to preventing wireless facilities from physically obstructing public travel in the right-of-way.
The Court rejected that argument, declaring that public use of the right-of-way is not limited to travel, and that streets can serve important aesthetic functions that are subject to local regulation.
T-Mobile West LLC v. City and County of San Francisco, decided September 15, 2016.