United States Ninth Circuit

In an action challenging certain Oakland sign ordinances on First Amendment grounds, a district court's ruling that one provision in an ordinance was unconstitutional requiring its severance, and otherwise upholding the ordinances, is affirmed where: 1) an ordinance restricting signs visible from freeways is constitutional, both as applied and facially; and 2) an ordinance restricting advertising signs generally, as amended, was constitutional on its face and as applied to plaintiff.

Appellate Information

• Argued 03/21/2007
• Decided 10/30/2007
• Published 10/30/2007

Judges

• CLIFTON, Circuit Judge:, Before:  B. FLETCHER and RICHARD R. CLIFTON, Circuit Judges, and EDWARD F. SHEA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Alan R. Herson (argued), Jacksonville, OR, for plaintiff-appellant Desert Outdoor Advertising, Inc.


• For Appellees:
  
• Christopher Kee (argued), Deputy City Attorney, John Russo, City Attorney, Randolph W. Hall, Assistant City Attorney, James F. Hodgkins, Supervising Trial Attorney, Oakland, CA, for defendant-appellee City of Oakland.