GET OUTDOORS II, LLC v. City of Chula Vista

ORDER RE: PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT

I. Introduction

Plaintiff Get Outdoors II, LLC (“Plaintiff’ or “Get Outdoors”) filed a complaint alleging that Defendant City of Chula Vista, California’s (“Defendant” or “Chula Vista”) sign ordinance is unconstitutional and should be struck down in its entirety. Plaintiff applied to erect nine billboards in Chula Vista and argues that “[because] of the substantial constitutional defects contained in the sign ordinance, this Court should exercise its equitable powers and order the City to allow Get Outdoors to erect its signs.” Plaintiffs Mem. of Points & Authorities in Support of Plaintiffs Motion for Partial Summary Judgment (“PI. Mot.”), p. 1. Chula Vista argues that its sign ordinance is constitutional under both Supreme Court and Ninth Circuit precedent. However, Chula Vista urges the Court to grant summary judgment on grounds that Plaintiffs suit is now moot and that Plaintiff lacks standing.

Approximately three weeks before this lawsuit was filed, the City of Chula Vista enacted urgency legislation and later enacted ,a permanent change to its sign ordinance. Significantly, Chula Vista added (1) a “message substitution…