Articles Posted in Digital

Maryland Court of Appeals Rejects First Amendment Challenge to Local Tax on Outdoor Advertising Services

Posted April 8, 2021

by Zachary T. Atkins and Aruna Chittiappa

Zachary T. Atkins

Aruna Chittiappa

On February 15, 2021, the Maryland Court of Appeals issued a decision in Clear Channel Outdoor, Inc. v. Director, Department of Finance of Baltimore City, Case No. 24-C-18-001778 (Md. 2021), upholding the constitutionality of a local ordinance that imposes an annual excise tax on businesses selling advertising space on off-site billboards. The tax in question applies only to businesses that own or control off-site billboards in the City of Baltimore i.e., billboards that are not located on the premises where the goods or services being advertised are offered for sale. Continue Reading ›

Maryland Becomes First U.S. State to Enact Controversial Digital Advertising Tax to Immediate Challenge

Posted February 26, 2021

by Aruna Chittiappa, Marc A. Simonetti and Nicole D. Boutros

Aruna Chittiappa

Marc A. Simonetti

Nicole D. Boutros

On February 12, 2021, Maryland legislators voted to override Gov. Larry Hogan’s (R) veto of H.B. 732, making Maryland the first state in the nation to impose a digital advertising tax. While Maryland’s enactment of the bill is a first, other states have impending digital advertising tax bills, such as New York, Connecticut, Indiana, Nebraska, Washington, Montana and Massachusetts. Maryland’s digital advertising tax, which becomes effective March 14, 2021 (30 days after the Governor’s veto), has been preemptively challenged in U.S. District Court. Continue Reading ›