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Dewey Town Solicitor John Brady cleared the road for Dewey Beach to have local businesses finance welcome banners to be placed in the center islands of Route 1. Businesses are being asked to pay $500 for each banner in exchange for having their names appear on them.
Mayor Dell Tush said she’s very pleased to have the banner project move forward. “I’ve always been in support of doing this. The banners are eye-catching and will add to the appearance of the town,” she said. “The purpose of including sponsor names was to fund them. They are very expensive.”
The banner project temporarily stalled at the May 9 town council meeting because of concerns that it violated Dewey’s new display ordinance and could result in a lawsuit.
“The intent of the display ordinance was to control displays at business locations. The banners are going to be displayed in center islands,” Brady said during a Monday, May 19 interview. “I determined the display ordinance does not apply based upon what it was intended to cover.”
“This will be a banner year in Dewey,” said Commissioner Diane Hanson when informed Brady had given his approval. “The Civic League is working with Dewey Beach town government to raise funds in a way that will provide Dewey businesses with much needed visibility along the busy Route 1 corridor through town and make the town even more attractive,” she said.
Opposition and resolution
Hanson’s suggestion that Dewey businesses need more visibility along Route 1 does not sit well with Jason Fruchtman, owner of the beach store Jeremiah’s, who opposed the display ordinance for that reason.
“I think it’s ridiculous,” said Fruchtman, during a Thursday, May 22 interview. “The whole purpose of the display ordinance was keep business displays off town property and limit them on private property. The town will not allow us to put our own banners on our own private property but want to charge us to put up banners with our names on them on town property.”
Fruchtman served on the town’s display committee for a year.
Mayor Dell Tush said Fruchtman’s interpretation is incorrect. “The town is not doing it, the civic league is doing it. All the town did was give the civic league permission to display the banners and to use the town logo,” Tush said. “Businesses have the option of participating or not.”
Though the town council unanimously supported the banner project, May 9, concerns about violating the display ordinance prompted the council to approve the project subject to obtaining legal approval from the town’s attorney.
“We need to find a way to make it work but 30 days ago we unanimously voted for a display ordinance. Now it’s already jumping up to bite us,” said Commissioner Claire Walsh.
One business bought four or five flags at an expense of hundreds of dollars and now can’t fly them because of the display ordinance, planning and zoning commission Chairman Harry Wilson informed town council, adding that some people would not be happy.
“The only way to do it is without the business names,” Wilson said.
But the town would not be able to afford the banners unless someone paid for them and businesses would not be motivated to pay for them without having their names included, said Joy Howell, who with Rob Marshall presented the banner project for town council consideration.
The question is whether the impression created by the banner is one of beautification or advertising, said Beauregard who was sitting in for Brady at the May 9 meeting. “If it’s advertising, then why is the town advertising private businesses?” he asked.
“When the name goes on it, it creates a major problem. It’s blatant,” Beauregard said during the meeting. “I’m just trying to save you a lawsuit and I can see it coming.”
But Brady said he is confident his assessment of the situation is correct. He also said he found additional support for his determination the banners are permitted under the display ordinance based on similar banners he has seen in Wilmington and Philadelphia that carry business names.
All Dewey businesses have an opportunity to purchase a vinyl banner through Tuesday, June 10. A portion of the payment for each banner will offset their cost and the cost of brackets and installation.
All remaining proceeds will be kept in a special fund by the nonprofit Dewey Beach Civic League to be used for town beautification projects like the planting of flowers and trees said David Main on behalf of the league.
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