Last week, the city of Zurich switched off the power to four flat screens in Zurich's old town. On Monday, the operator, Jürg Knecht from the company Citylights, defended himself against this step in a communiqué. Among other things, he wrote that the city should not necessarily have enforced it. "Wrong", says Urs Spinner, media spokesman for the responsible building department. "The Federal Supreme Court said at the end of March that the screens did not have to be removed, but that they had to be taken out of service until the Lausanne judges had ruled. We therefore gave Knecht enough time to take the screens down himself." As this did not happen, the city had to enforce the Federal Court's order. Knecht went on to write that the city had, against its better judgment, given the Federal Court the impression that the shop windows in question had undergone renovation work, but this was not the case. Spinner does not wish to comment on this, as ongoing proceedings are not commented on. Knecht also said that the property management of the city of Zurich had threatened a long-standing tenant with termination if she did not give in on the flat screens. "This was information, not a threat," said Spinner. The tenant of the building in question did not know that there had been an administrative court ruling against the screens. When the property management informed her of this, she took the screens in her shop window out of operation of her own accord.
In general, Spinner wants to state that the city did not make the decision on its own: "As the city, it is our job to check whether the laws are being complied with. We are of the opinion that third-party advertising in Niederdorf does not comply with the law, and the administrative court has supported this view." The city has anchored in its mission statement that there should only be self-advertising for local businesses in the Niederdorf. The reason for this is that space in the old town, which is worthy of protection, is limited and visitors should therefore not be overwhelmed with third-party advertising: "It is clear that the location with its busy slow traffic is very attractive for the advertising industry. However, the old town is a special urban quarter in which advertising should not be permitted. According to Spinner, this is also intended to prevent the small stores' own advertising from being drowned out by a flood of advertising.
Jürg Knecht from Citylights sees things differently: "It's not true that the city had to enforce the federal court order. It was only about the suspensive effect". This was within the discretionary powers of the authorities. He sees this as a disciplinary measure by the city against the SMEs, after all, the head official of the Department of Buildings came along personally to turn off the power: "This is an act of personal revenge". In order to fight for his cause, he informed the city councillors and Mayor Leberger on Tuesday.
He also refuses to accept that the city is only doing its job when it enforces laws: "The screens were approved by the building appeal committee without any objections. The city then appealed to the administrative court, which only said that the matter was at the city's discretion. Then I went to the Federal Court". There is no law that prohibits third-party advertising in the Niederdorf: "I would know that, after all I have been doing outdoor advertising in the Niederdorf with changing advertisements since 1979". If such a law were created, he would abide by it, Knecht continued. "What's more, in this case we're talking about private property, not public land! It's none of the authorities' business what kind of furnishings are in a display case".
Even if there were a provision regarding third-party and self-promotion, the outdoor advertiser sees problems: "Where does self-promotion end and third-party advertising begin?". It is often not possible to make a clear distinction. In his case, he sees a complete violation of proportionality, as it is only about four small screens: "There are completely different forms of advertising in the city! And in Niederdorf there are sex stores, falafel stands and snack bars - my screens are a direct embellishment!". Knecht is now hoping for the Federal Court: "I am quite sure that I will win. I haven't done anything that is against the law or an ordinance." If the city of Zurich wanted to generally ban third-party advertising on private property in display cases and shop windows in the old town and core zone, it could enact a corresponding law through legislation, Knecht continues. So far, however, this has been lacking.