The Frost Museum of Science in Miami has filed a lawsuit against the Florida Department of Transportation seeking the removal of a massive digital billboard located on the grounds of the Pérez Art Museum Miami (PAMM). The legal action, filed last Wednesday and first reported by Axios, argues that the 1,800-square-foot digital display violates state regulations governing billboard construction and operation.
The controversial billboard serves dual purposes, featuring PAMM's programming while also advertising luxury brands including Tiffany and Yves Saint Laurent. According to Florida state law, billboards located near highways require proper permits and cannot exceed 950 square feet unless they are built on business premises. Additionally, such signs must primarily advertise the host business or products sold there, and the business cannot generate rental income from the billboard.
The billboard's troubled history dates back to 2023 when the City Commission granted an exception to both PAMM and the Adrienne Arsht Center for the Performing Arts. This exception allowed them to install digital billboards nearly twice the size permitted elsewhere in Florida. However, a 2024 investigation by the Art Newspaper revealed that the exception was introduced by then-commissioner Alex Díaz de la Portilla, whose failed re-election campaign received $225,000 from Orange Barrel Media, the company operating PAMM's billboard.
Of the two organizations granted the exception, only PAMM proceeded to construct a sign under the new regulations. To comply with Florida Department of Transportation requirements, the museum installed a kiosk in its parking garage allowing visitors to purchase goods advertised on the billboard. Despite this effort, a 2024 FDOT letter to PAMM specified that advertised products must be available for pickup at the museum premises.
Facing significant neighborhood opposition, city commissioners overturned the exemption in 2024. The city then argued that the billboard was illegal because PAMM had violated its ground lease with Miami by constructing the sign without proper approval. This dispute was resolved last month when PAMM agreed to reduce the billboard's operating hours and pay the city at least $500,000 annually. The museum's estimated earnings from digital advertising on the billboard total approximately $1.5 million per year.
The current lawsuit filed by the nearby Frost Science Museum returns focus to FDOT regulations, claiming the sign exceeds state size restrictions, advertises products unrelated to the museum's mission, and generates income for PAMM. In an email response to ARTnews, PAMM defended its position, stating that the sign "was meticulously reviewed and approved by all relevant authorities, ensuring full compliance with state and local regulations."
PAMM further expressed regret over the legal dispute, noting that while they "hold Frost Science Museum in high regard as a cultural partner," they regret "the distraction from our shared mission of enriching Miami's arts and sciences landscape." The museum maintains that all proper procedures were followed in the billboard's construction and operation.
Douglas Roberts, president and CEO of Frost Science, provided a detailed statement explaining his institution's opposition to the billboard. "Frost Science opposes advertisements on this oversized sign because they degrade the environment of learning and curiosity that is central to the museum experience," Roberts said. He also noted that "the bright light source restrains use of Frost Science's outside spaces, especially at night."
Roberts emphasized the broader implications of the dispute, warning that "the Florida Department of Transportation's failure to enforce the law prohibiting such a sign jeopardizes millions of dollars in badly needed federal highway funding to Florida." He concluded by reiterating that the sign was illegal from the beginning and should never have been constructed, calling for its complete removal from the museum premises.
