Advertising company sues over South Station construction; says it shouldn't have to pay for ad space nobody can see due to skyscraper work

Clear Channel contiguous sued the New York-based institution that runs leases wrong South Station, demanding it beryllium freed from paying a minimum of $500,000 a twelvemonth for the close to hoist banners and signs wrong a presumption with truthful galore show lines present obscured by operation of a 51-story office, residential and edifice tower.

In a suit filed successful US District Court successful Boston, Clear Channel says it owes Ashkenazy Acquisition Corp. substantially little than that magnitude nether a clause successful its declaration that the request to marque that minimum yearly outgo "is suspended until specified obstructions are removed," thing it says mightiness not hap until completion of the task successful 2026.

Clear Channel alleges that:

Since January 27, 2021, galore of Clear Channel’s advertizing locations successful South Station person been obscured, blocked entirely, oregon different materially adversely affected by operation and renovation enactment related to the South Station Air Rights Project, a planned multi-year enlargement of South Station including a renovated obstruction and autobus level and a new, 51-story mixed-use operation atop the landmark station.

As an example, Clear Channel points to the "Exterior Window Spectacular, which formerly consisted of a bid of ample windows that riders getting disconnected trains couldn't assistance but announcement arsenic they entered the station:

The Exterior Window Spectacular is 1 of the astir desirable advertizing locations, not conscionable successful South Station, but successful the full region, due to the fact that it is conspicuously disposable to the millions of passengers who commute done the South Station each month. Prior to construction, the Exterior Window Spectacular generated implicit $400,000 successful yearly revenue, oregon much than 16% of Clear Channel's full yearly gross astatine South Station. ...

Most of this show has been blocked disconnected since January 27, 2021, and since astatine slightest March 2021, 80% of this invaluable advertizing spot has been wholly covered up by scaffolding, barriers, and different operation instrumentality erected arsenic portion of the South Station Air Rights Project. Today, 4 of the 5 sections (i.e., 64 retired of 80 panels) of the Exterior Window Spectacular are wholly blocked off; the 1 remaining conception cannot beryllium seen from the eastbound broadside of the bid level owed to the operation portion and is successful a authorities of construction- related disrepair. Until recently, adjacent that 1 remaining conception of the show was covered by a plexiglass obstruction erected arsenic portion of the construction. While that plexiglass obstruction has since been removed, exposed wires and escaped insulation supra and successful beforehand of the show proceed to diminish the visibility and attractiveness of the display; AAC has disregarded Clear Channel's repeated requests to hole these issues.

Clear Channel says it has been incapable to find anybody consenting to wage premium, oregon any, rates to advertise connected the abstraction since operation began successful January, 2021.

The institution wants a justice to bid Ashkenazy, which besides handles leasing astatine Faneuil Hall Marketplace, to halt pestering Clear Channel astir payments until each the advertisement spaces are erstwhile again clear.

Complete complaint (1.6M PDF).