Herson

MEMORANDUM & ORDER

Re: Defendant City of San Carlos’ Motion for Summary Judgment

Plaintiffs Jeffrey Herson (“Herson”) and East Bay Outdoor, Inc. (“East Bay Outdoor”) (collectively “plaintiffs”) filed this action against the City of San Carlos, California (“the City” or “San Carlos”). In their complaint, plaintiffs allege that the City violated plaintiffs’ First Amendment right to freedom of expression by denying plaintiffs’ building permit application to construct a billboard on a plot of land adjacent to Highway 101. Now before the court is the City’s motion for summary judgment. Having considered the arguments of the parties and for the reasons stated below, the court enters the following memorandum and order.

BACKGROUND

As is necessary on a motion for summary judgment, the facts are set forth in the light most favorable to plaintiffs, the non-moving parties.

Herson, the owner of East Bay Outdoor, has worked in the outdoor sign business for the last 20 years. Docket No. 69 (Her-son Aff.) ¶ 4. His business involves securing real estate parcels visible from public thoroughfares, obtaining necessary permits from the local government to construct billboards on those parcels and…