Metro Lights, L.L.C. v. City of Los Angeles

AMENDED MEMORANDUM AND ORDER RE: PLAINTIFF’S AND DEFENDANT’S CROSS-MOTIONS FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION

I.

INTRODUCTION

Defendant City of Los Angeles (the “City”) has enacted a “Sign Ordinance” that imposes a total ban on newly constructed “off-site signs,” which are defined as commercial signs located primarily (but not necessarily) on private property, that advertise anything other than products offered for sale on the premises where the sign is erected. Expressly and conspicuously exempt from the ban are structures erected on public rights of way and those erected under contract with various City entities. L.A.M.C. §§ 91.101.4, 91.101.5. This ban dramatically impacts Plaintiff Metro Lights, L.L.C. (“Plaintiff” or “Metro Lights”), which owns numerous such sign locations throughout the City.

Metro Lights asserts that the Sign Ordinance, which allegedly furthers substantial governmental interests in traffic safety and aesthetics, exists not to serve those purposes but rather to allow the City to generate revenue by exercising a monopoly over off-site signs within the City. In support of this assertion, Metro Lights has established that, approximately six months…