Coast-United Advertising, Inc. v. City of Long Beach

Plaintiff is a company whose business involves selling advertising on bus benches. Defendant City of Long Beach passed an ordinance prohibiting “advertising, words, pictures, drawings, or designs ... on any bench . . .” after July 1, 1974. Plaintiff sued for declaratory relief and for preliminary and permanent injunctions. Defendant made a motion for summary judgment, which was granted. Plaintiff appeals from the judgment.

Facts:

Contentions on Appeal:

Discussion:

a. Equal protection.

Appellant argues that other forms of outdoor advertising have not been proscribed by the subject ordinance and that there has been unequal protection of the law. It is true that other forms of advertising (e.g., billboards) have not been made illegal by Ordinance No. C-5123. When economic regulation is involved, legislation has been invested “with a presumption of constitutionality . . . requiring merely that distinctions drawn by a challenged statute bear some rational relationship to a conceivable legitimate state purpose. [Citations.]” (Westbrook v. Mihaly, 2 Cal.3d 765, 784 [ 87 Cal.Rptr. 839 , 47 P.2d 487 ].)

According to the affidavit of Phil J. Shafer, Long Beach Deputy City…