Nelson City Council is considering a ban on sandwich boards as part of an update to its Urban Environments Bylaw. This proposal has sparked a heated debate, and here’s why this ban should be reconsidered from both legal and public interest perspectives.
For many businesses in Nelson, sandwich boards are essential tools for drawing in customers. Tim Babbage, a longtime retailer, emphasizes their effectiveness over other forms of advertising like overhead signs or window displays. "People walk into my store and buy things based on promotions we have on our sandwich board," Babbage told the council. He stressed that the local retail sector is struggling, and removing such an essential marketing tool could further harm business viability. Yusuf Corten from Kebab Kitchen noted the dire state of local commerce, urging the council to support local businesses rather than impose restrictive measures. "Help businesses, don't kill more."
Opponents argue that sandwich boards pose hazards, particularly for those who are blind or have low vision. Karen Wilson from Blind Citizens NZ described them as "unsafe" obstacles that block pathways and make store entrances difficult to locate. Elizabeth Perrone, chair of CCS Disability Action Nelson and Marlborough, supported the ban from a disability rights perspective, arguing that the presence of sandwich boards and the reduction of clear footpath space create hazards, especially for the elderly and physically impaired.
Legally, the proposed ban raises questions about proportionality and fairness. While public safety and accessibility are crucial, it is important to balance these concerns against the economic impact on local businesses. A blanket ban on sandwich boards could be seen as an overly broad measure that disproportionately affects small businesses. Lawyer Daniel Jackson criticized the approach as disproportionate, suggesting narrower prohibitions could address specific issues without imposing unnecessary burdens. "It seems like a sledgehammer cracking a nut," Jackson said.
Other councils have found more balanced solutions to similar issues. For example, Wellington City Council allows sandwich boards but enforces strict placement guidelines to ensure they do not obstruct footpaths. Similarly, Auckland Council permits sandwich boards provided they are placed in designated areas and adhere to size restrictions. These approaches demonstrate that it is possible to regulate the use of sandwich boards without resorting to an outright ban.
The impact on the general public must also be considered. Sandwich boards contribute to the vibrancy of shopping areas, benefiting the broader public. Many shoppers rely on these boards for information about promotions and services, enhancing their shopping experience. A balanced solution can accommodate the needs of the disabled community while also supporting the interests of businesses and the wider public.
Additionally, it is worth considering that businesses using sandwich boards are targeting general foot traffic, not specifically the blind or visually impaired. These boards are crucial for attracting everyday customers who contribute to the economic activity of the area. The needs of the broader community, including businesses and their typical customers, should also be taken into account.
To address these concerns, the council could improve enforcement of current regulations to ensure boards are placed safely. Allowing sandwich boards in specific areas where they pose minimal risk or engaging with both business owners and disability advocates to find a balanced solution could also help.
The proposed ban on sandwich boards in Nelson, while well-intentioned, fails to balance the economic needs of businesses with public safety and accessibility concerns. By adopting a more proportionate and legally sound approach, Nelson City Council can protect public safety without unnecessarily harming local businesses or inconveniencing the wider public.