BY MARK MITCHELL
Los Alamos

Editor’s note: The Los Alamos Reporter has not fact-checked this letter

I recently read that The Los Alamos Local Business Coalition (LALBC) has invited the public to review and to provide input on their “Local Business Billboard Collective” idea
(https://losalamosreporter.com/2025/07/06/local-business-coalition-unveils-local-business-billboard-collective-idea-to-strengthen-our-communitys-economy/). It appears that the LALBC is exploring the possibility of establishing a Los Alamos County backed electronic billboard along the highway leading to the White Rock Y. Evidently, the billboard would be physically located near Totavi. Additionally, if the Los Alamos National Laboratory (LANL) agrees, a second
electronic billboard could be located across Highway 4 at the exit from Bandelier National Monument, on Federal property. The stated goal is to expose passersby to marketing messaging from businesses located in Los Alamos. By increasing visibility and customer traffic, they say, local business retention and survivability will be enhanced.

According to their website
(https://coalition.losalamos.com/wp-content/uploads/2025/01/Coalition-Idea-Book-Imagine.pdf), the LALBC proposes to contract with Los Alamos Commerce & Development Corporation (LACDC) or other competent firm to manage and maintain the messaging on the billboards and suggest that the contract could be established as a Local Economic Development Act (LEDA) project in order to steer clear of state anti-donation laws.

While it may make business sense for private business to pursue such a project, paid for using private funds, a project such as this does not lend itself well for LEDA funding, as I will show below.

The New Mexico LEDA was not established to support businesses that are experiencing economic hardship. The one exception to this involved LEDA Recovery Grants, which were temporarily enacted in order to address the economic hardship faced by businesses during the pandemic. Rather, the purpose of LEDA is to stimulate the New Mexico economy by supporting businesses that are expanding or relocating to the state, leading to new jobs and economic growth, while ensuring a transparent and accountable use of public funds.

How many new businesses will relocate to Los Alamos because of this project? How many new jobs will result because of this project? How much economic growth will result because of this project? The answer to all of these questions is none. In their own words, the LALBC’s stated goal is to enhance local business retention and survivability. LEDA funds are considered to be a strategic investment benefitting the whole of the community, not a rescue. LEDA funds are use to reimburse companies for expenses related to infrastructure (land, buildings, and utilities) that support expansion or relocation, rather than bailing out struggling operations. Next, according to LEDA, funding is available only to “eligible entities.” Given that these billboards are intended to serve numerous businesses, eligibility of each participating business must be determined. This occurs early on in the process. After the billboards have been installed and are functioning, what happens when new businesses wish to participate in this activity? Will they be allowed to join? If so, would not subsequent eligibility determinations need to be made
before this is possible?

Next, both Los Alamos County and LANL are public entities. Does this project open Los
Alamos County and LANL to viewpoint discrimination lawsuits associated with these
billboards? According to Richard Rothfelder (https://billboardinsider.com/rothfelder-on-national-free-speech-disputes-effecting-billboards/), an experienced civil litigation attorney, he has received phone calls from clients like this: “A very persistent man keeps calling and demanding that we post his ad promoting the Liberation of Palestine on our billboards, and when we politely refuse, he threatened to sue us for First Amendment discrimination.” “The bottom line,” Rothfelder states, “is that under current law, an out of home operator has the right to display, or refuse to display, messages on his privately owned billboard leased on privately owned property. But, when the billboard message becomes a public forum, such as when it is posted on a bus, train or other public property or vehicle, the First Amendment may prohibit the viewpoint discrimination on the billboard.” When public monies are used to fund and operate a billboard, one of which is on Federal property, doesn’t that open it up to First Amendment activity too? Wouldn’t it be ironic if LANL were forced to accept an advertisement promoting anti-nuclear sentiments on a billboard located on laboratory property?

Lastly, according to the LALBC, they propose to contract with a firm to manage and maintain the messaging on the billboards on an ongoing basis. As they stated, LEDA funding would be used in order to steer clear of state anti-donation laws. According to LEDA, LEDA funding is for
land, buildings, infrastructure improvements (e.g., roads, utilities), that is capital improvements.
LEDA funds are not to be used for operating expenses.

It is for the above reasons that I think that this LALBC proposed project is not a good candidate for LEDA funding. That is not to say that it may make business sense for private business to pursue such a project, paid for using private funds. As a result of investigating this proposed project, I now have a much better understanding as to why the LALBC and Los Alamos County are always at odds with each other regarding LEDA funding. However, it appears to me that Los Alamos County is attempting to be a reasonably good steward of the people’s money, following the rules placed on them by the state.