City of Antioch v. Candidates' Outdoor Graphic Service

MEMORANDUM OF OPINION

These consolidated actions bring before the Court the question of the constitutionality of the City of Antioch’s ordinance limiting to the 60 day period before an election the posting of political signs that promote candidates for public office or advocate a position on upcoming ballot propositions.

The city, which bears the burden of showing that its ordinance comports with the First Amendment, seeks a declaration affirming the constitutionality of Section 9-5.1115(b)(4)(ii) of its Municipal Code and an injunction requiring defendants Candidates’ Outdoor Graphics Service (COGS) and Cynthia Fulton to obey the local law. By coun ter motion in a related suit, COGS and Fulton seek a declaratory judgment holding the Antioch ordinance violative of the First and Fourteenth Amendments and a permanent injunction against its enforcement.

These suits testing the constitutionality of the Antioch law were brought in the early part of 1982. The city voluntarily agreed to suspend enforcement of its ordinance pending a determination by this Court of the ordinance’s validity. With the general election of November 2nd now only weeks away, postering will be permitted under…