Oregon Governor Bans Lighted Advertising in Energy Conservation Move

On September 23, 1973, Oregon Governor Tom McCall ordered a complete ban on the use of electricity for commercial display or decorative purposes throughout the state.¹ The Governor declared that the "inherent authority" of his office provided the legal basis for the unprecedented order.

After an unusually dry summer in the normally rainsoaked Northwest, water levels in the state's reservoirs had dropped alarmingly, causing a reduction in the hydroelectric power output on which Oregon depends. On August 21, the Governor issued an executive order² which declared an energy emergency and directed the state Department of General Services to take the following steps to conserve energy:

1. Discontinue use of air conditioning, except where essential to health;

2. Encourage use of lightweight summer clothing;

[3 ELR 10155]

3. Discontinue exterior lighting of state buildings except as required for security or safety;

4. Reduce lighting in state buildings where practical;

5. Reduce by 50 percent or more lighting of state highways;

6. Revise work schedules to allow maintenance of state buildings during daylight hours;

7. Close state buildings by 6 p.m.;

8. Turn off water coolers and eliminate lawn watering on state property;

9. Increase frequency of tune-ups in state cars and keep tires at maximum inflation;

10. Limit speed of state cars to 55 miles per hour;

11. Where possible, eliminate one-person use of state cars;

12. Consider increasing public transportation services in the Portland-Salem area to decrease use of private autos;

13. Advise state agencies to reduce use of duplicating machines, lighting, etc. to accomplish a 10 percent reduction of energy consumption;

14. Solicit suggestions from state employees and the public for energy conservation;

15. Survey commuting patterns of state employees and users of state-owned parking lots;

16. Turn off hot-water heaters in state buildings except where essential for health, food preparation, or job performance.

The initial measures were partially successful; state agencies in Salem, Oregon's capital, reduced electricity consumption by 12 1/2 percent. The prospect of a winter energy shortage, possibly leading to large-scale shutdowns of industries, convinced the Governor that more drastic steps were required to maintain water supplies.

In a statement to the Western Governors' Conference, McCall recognized that the blacking out of lighted advertising would cause inconvenience to the public, but the alternative, he said, was the "risk of catastrophe."

Most Oregon businessmen were quick to comply with the executive order, although proprietors of inconspicuous establishments were apprehensive that the blackout might ruin them financially. A motel owner who defied the ban may provide the first court test of the legality of Governor McCall's action. The Governor has stated, however, that he will call the state legislature into special session to grant him the specific power to reissue the order if the courts should strike down his September 23 decree.

Governor McCall's action is of particular interest to environmentalists concerned about possible wholesale relaxation of Clean Air Act standards. The statute directs that variances are to be granted only after a state has demonstrated that it has taken all appropriate measures to conserve energy. The Oregon precedent should make variances harder to obtain for states which have not taken equivalent steps to curb energy consumption.

1. Executive Order No. EO-73-7 defines prohibited "display lighting" as:

a) signs advertising goods or services or the providers of goods or services;

b) displays of goods;

c) objects or designs symbolic of commercial enterprises, such as trademarks; or

d) buildings or landscaping.

2. Executive Order No. EO-73-5. Copies of both executive orders and Governor McCall's statement concerning the orders are available from the ELR Digest Facsimile Service (ELR Dig. 12-A, 19 pages $1.90).