Arroyo

In this appeal we consider whether provisions of the city of Indio’s sign ordinance violate the First Amendment to the United States Constitution and article I, section 2 of the California Constitution.

I.

Chris and Cecilia Arroyo operate a small convenience store on the site of a formerly abandoned gas station in Indio. Several years ago, the Arroyos boarded up one of the abandoned service bays and had an artist friend, Tony Flores, paint a mural on it. The mural, in Cecilia Arroyo’s words, “depict[s] aspects of our ethnic Mexican heritage. Many of the scenes depicted on the mural reflect aspects of the Aztec Indian contribution to our heritage. Some of the scenes portray the geography, indigenous plants, and archaeology of Mexico. A part of the mural depicts social advancements of the Mexican people in contemporary society as well as reflections upon a colonial period of Mexican history. The mural also depicts today’s youth viewing the future.”

The mural is 110 square feet in area, and the building frontage of the Arroyos’ convenience store is 45 linear feet. The store has a detached sign, and another attached sign 30 square feet in area. The store is located in an…