Clear Channel Outdoor, Inc. v. City of Los Angeles

ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION.

I. INTRODUCTION

Plaintiffs, Clear Channel Outdoor, Inc., Viacom Outdoor, Inc., and National Advertising Company (“Plaintiffs”) seek a preliminary injunction to enjoin the City of Los Angeles (“City”) from enforcing the City’s “Off-Site Sign Periodic Inspection Program” (“Off-Site Program” or “Program”), which imposes a fee on the owners of off-site sign structures to cover the City’s cost of inspecting such structures. Plaintiffs together owe about $1 million in fees, which they are required to pay by October 31, 2002 or they will be required to pay an additional 5% penalty each month the fee remains unpaid.

Plaintiffs argue that the Off-Site Program violates the First Amendment because (1) the Program discriminates against noncommercial speech in favor of commercial speech; (2) the Program discriminates between different types of noncommercial speech based on content; (3) the Program impermissibly discriminates between different types of commercial speech; and (4) the applicable Ordinances are unconstitutionally overbroad and vague.

For the reasons stated herein, the Court GRANTS Plaintiffs’ motion for preliminary…