Horizon Outdoor v. City of Industry, California

ORDER RE: PLAINTIFFS’ MOTION ON DEFENDANT’S SUGGESTION OF MOOTNESS; PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

This case involves a First Amendment challenge to Defendant City of Industry’s (“Defendant’s” or the “City’s”) ordinance regulating advertising displays and other outdoor signs. Pending before the Court are (1) the Motion in Response to Defendant’s Suggestion of Mootness (the “Motion”) filed by Plaintiffs Horizon Outdoor, LLC (“Horizon”) and Adam Sussman (“Sussman,” and together with Horizon, “Plaintiffs”) and (2) Plaintiffs’ Motion for a Preliminary Injunction enjoining enforcement of Defendant’s original sign ordinance. Plaintiffs’ Motion in Response to Defendant’s Suggestion of Mootness came on regularly for hearing on October 21, 2002. The Court withheld issuance of an order with respect to Plaintiffs’ Motion for Preliminary Injunction on July 22, 2002, because the City raised issues of Horizon’s standing and mootness based on Defendant’s alleged implementation of a new ordinance. Having resolved those issues in Plaintiffs’ favor, the matter is placed back on calendar on October 21, 2002. Having considered the parties’ filings and arguments of counsel, the Court…