Mar. 26—Tourists strolling through the French Quarter or any local souvenir shop can easily find art and trinkets for sale that feature the distinctive New Orleans streetcar.
Now, the Regional Transit Authority is hoping its ownership of the iconic cars, long associated with the city and its cherished history, will let it cash in as well.
A new bill, introduced in the state Senate this month, would give the RTA branding rights to the streetcar image. Sponsored by state Sen. Jimmy Harris, D- New Orleans, Senate Bill 340 would prevent citizens from using the 900-series Perley A. Thomas streetcar design in the sale or advertisement of any goods or services without permission.
If they do, according to the bill, they would face potential fines of up to $5,000.
An RTA spokesperson said the bill would allow the agency to create an additional revenue stream, similar to Sewerage and Water Board's iconic water meter cover logo, a federally protected trademark with its crescent moon and stars image.
The RTA legislation is modeled after the 2007 law, signed under the late former Gov. Kathleen Blanco, that allows the S& WB to be compensated whenever the flat, round-top water meter image is used by a third party, according to Harris.
If the new bill becomes law, any image of the streetcar that operates across the city's five rail lines would require permission from RTA to be replicated and used for business purposes.
The bill, which was discussed by state lawmakers earlier this month, was deferred to the next Senate Commerce, Consumer Protection and International Affairs committee hearing. A date has not yet been set.
"Because of the positive images in terms of how that streetcar is revered and seen — people love that streetcar — we want to be able to control how that image is used," RTA lobbyist Rodney Braxton said at the recent Senate committee hearing.
"The purpose of the amendment is to make sure that we cover all versions of the historic 900 series Perley Thomas Streetcar," Braxton said.
The bill protects the original Perley A. Thomas streetcar, an arch-roofed, steel-bodied design that has traveled down St. Charles Avenue since the early 1920s. It also covers two replicas designed and constructed by RTA that are typically painted red and yellow.
According to RTA, 38 of the original 73 Perley A. Thomas streetcars remain, with as many as 13 in service on the St. Charles Avenue Streetcar line daily.
During the committee hearing, Harris and Braxton faced criticism from some lawmakers who raised concerns over regulation difficulties that could lead to selective enforcement. They also asked how it might affect small-time artists who depend on city-inspired art as their bread and butter.
Sen. Jay Morris, R- Monroe, said the bill "sets a terrible precedent," on where the line should be drawn when people want to reproduce popular symbols, citing images of Jackson Square or the state Capitol building as examples.
Sen. Patrick Connick, R- New Orleans, declined his support, pointing to ongoing turbulence at the agency related to a contract investigation that has been turned over to local and federal authorities and led to the recent departure of half its board members.
"Why is the RTA running with this bill when we have all these other issues to deal with?" he asked.
Harris said he doesn't want to "confuse the issue" and said the bill has little to do with internal troubles at RTA.
"What we're talking about is something that transcends this administration, the previous administration, and any administration going forward," Harris said, adding that the bill was being drafted before the investigation became public.
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