Tired of seeing those bright, digital billboards on the side of the road while driving (especially at night)? Well so is a group called Scenic America that recently filed a lawsuit in an attempt to get the Federal Highway Administration to reverse a 2007 ruling that allowed these billboards to pop up along US roadways since. The advantage of digital billboards is that companies can sell multiple advertisements that change frequently, and it’s this part of the billboards that are at the heart of this debate.

According to an article in Ad Week, Scenic America contends that the FHWA (a division of the US Department of Transportation) issued a “guidance memorandum” that circumvented the usual chain of law allowing “intermittent” messages, which was a part of the Highway Beautification Act. On the opposite side of the argument, the Outdoor Advertising Association of America said that digital billboards follow the rules since there is no flashing or animation involved.