California Court of Appeal

In a free speech claim by plaintiff non-profit organization contending that city ordinance banning all "mobile billboard advertising" of any content, at any time, on any street violated its First Amendment rights, grant of summary judgment for defendant-city is affirmed where: 1) the ordinance applies to both commercial and noncommercial speech; 2) the ordinance regulates the manner of speech, not its content and is thus content neutral; 3) the ordinance is narrowly tailored to achieve the city's legitimate interest of "promot[ing] safe movement of vehicular traffic"; and 4) the city's ban leaves plaintiff with numerous alternative channels for effectively communicating its message.

Appellate Information

• Decided 09/09/2008
• Published 09/09/2008

Judges

• ROTHSCHILD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bryan W. Pease, San Diego, for Plaintiffs and Appellants Showing Animals Respect and Kindness and Steve Hindi.


• For Appellees:
  
• City of West Hollywood Legal Services Division, Michael Jenkins and J. Stephen Lewis, Los Angeles, for Defendant and Respondent.