Winslow Way’s banner days may be over

Published 7:00 am Wednesday, August 2, 2006

Insurance worries threaten signs, holiday lights over downtown streets.

At last check, Santa’s sleigh had adequate insurance coverage.

While that bodes well for youngsters who’ve come to count on his punctuality, liability concerns may leave the jolly fat man with one less luminous landmark by which to navigate his island route.

Fearing the worst – that a promotional banner or the Christmas lights that span Winslow Way could somehow come crashing down – the Bainbridge Island Downtown Association has ceased hanging banners and holiday lights across Winslow Way indefinitely.

“We’ve been missing the boat on our liabilities,” said BIDA Executive Director Cris Beattie. “We’re just trying to look at the possible consequences and be more mindful. We want to make sure we’re covered.”

The goal, Beattie said, is to make sure the issue is resolved in time for the holiday season and the hanging of the Christmas lights, which have multiplied over the past few holiday seasons.

In the past, BIDA and the Bainbridge Island Chamber of Commerce have hung banners along the street to promote community events such as the July 3 street dance and Grand Old Fourth.

The sign fasteners, which are hooked to private buildings and utility poles, are also used to hang the Christmas lights.

Both Beattie and BIDA board member Will Langemack said there is no reason to believe the signs or lights have been dangerous. The BIDA plans to hire a structural engineer to inspect three sets of banner fixtures along Winslow Way and ensure they’re properly secured.

Beattie said the average banner weighs about 20 pounds and has metal clips that could be dangerous if one should break loose and fall.

While that’s unlikely – Beattie said the cables used to suspend the signs are designed to withstand up to 10,000 pounds of pressure – the BIDA doesn’t want to take any chances.

The concern stems from a routine audit performed by the city and its insurance provider, in which the subject of falling signs came up.

Public Works Director Randy Witt said the city is properly insured, but is not liable for banners because it doesn’t put them up and because they are connected to private structures. But the matter is complicated, he said, because the signs hang over the public street.

“Anybody could sue,” Witt said, of a hypothetical injury situation. “We don’t want our insurance to be the first line of defense.”

The city’s ideal solution would be to issue banner-hanging permits once the fixtures are inspected and adequately insured.

But the BIDA took the onus on itself by halting the practice altogether until the issue is resolved.

Langemack said the city, the Chamber, the BIDA, building owners and those like bucket-truck owner Bob Cedarwall, who in the past have helped put the banners up, need to discuss the financing and logistics of future banner-hanging, especially inspection and insurance costs.

“This needs to get done,” Langemack said. “The city isn’t being onerous about this. We’re just going through a process. There are so few places that really work well for this (banner hanging) and these are the types of things that contribute to the small town experience.”

Beattie, who praised Cedarwall for voluntarily hanging signs, said the BIDA also wants to protect whomever does the job in the future.

Kevin Dwyer, executive director of the Chamber, said his organization already has liability insurance that covers banner-hanging because it sponsors public events, like the Grand Old Fourth July Parade. The Chamber simply added the city and building landlords as additional insureds on their policy, a solution that he said works well.

BIDA hopes any street improvements that follow Winslow Tomorrow will include poles to which banners can be affixed, but until then, the association must find a way to hang its signs and Christmas lights safely.

“We do anticipate this being done in time for the holidays,” Beattie said. “This is an important part of celebrating the downtown and maintaining tradition.”