San Diego Minutemen v. California Business, Transportation & Housing Agency's Department of Transportation

ORDER (1) GRANTING IN PART, AND DENYING IN PART, DEFENDANTS’ MOTION TO DISMISS, AND (2) GRANTING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

Pending before the Court are Defendants’ motion to dismiss (Doc. # 19) and Plaintiffs motion for a preliminary injunction (Doc. # 13). The Court heard oral argument on these matters on Friday, May 9, 2008.

PROCEDURAL BACKGROUND

On February 4, 2008, Plaintiff San Diego Minutemen filed a Complaint against Defendants California Business, Transportation and Housing Agency’s Department of Transportation (Caltrans); Dale Bonner, Agency Director of the California Business, Transportation and Housing Agency; Will Kempton, Caltrans Director; and Pedro Orso-Delgado, Caltrans District Director. (Doc. # 1). The Complaint alleges that Defendants violated Plaintiffs constitutional rights to free speech, free expression, equal protection, and due process in revoking Plaintiffs Adopt-A-Highway Program permit and removing Plaintiffs Adopt-A-Highway courtesy signs from their location along Interstate 5 at San Onofre, California. (Doc. # 1). In addition, the Complaint asserts claims for damages pursuant to 42 U.S.C. §§ 1983 and 1988. (Doc. # 1).

On…