GET OUTDOORS II, LLC v. City of San Diego

AMENDED ORDER

Pending before the Court is Defendant’s Motion for Summary Judgment, and Plaintiffs Motion for Partial Summary Judgment. After considering the arguments raised by the parties in their briefing and during oral argument, the Court now issues the following rulings.

BACKGROUND

A. Factual Background

Plaintiff Get Outdoors II, LLC (hereinafter “Get Outdoors”) is a limited liability company organized under the laws of the State of Nevada, and qualified to do business in California. Get Outdoors has been issued the necessary licenses to operate outdoor advertising signs throughout the State. Defendant City of San Diego, California (hereinafter “City”) is a political subdivision of the State of California.

Get Outdoors mostly operates outdoor advertising signs. Get Outdoors has signs throughout the nation. In the past, they have used their sign space to display messages of both commercial and noncommercial nature. In addition to leasing space to commercial advertisers, Get Outdoors has provided advertising space to noncommercial advertisers free of charge or at reduced rates.

Get Outdoors is currently “pursuing opportunities in the outdoor advertising in-- dustry in…