Brown

ORDER GRANTING PERMANENT INJUNCTION

On January 29, 2002, this court issued an order preliminarily enjoining defendants California Department of Transportation and CalTrans’s Director Jeff Morales (collectively “CalTrans”) from continuing CalTrans’s practice of granting an exemption from its permit requirements for the display of American flags on highway overpasses but prohibiting or requiring permits for other flags or banners. See January 29, 2002 Order at 13. The injunction required CalTrans to enforce its permitting rules and regulations on a content neutral and viewpoint neutral basis. Id. CalTrans brought an appeal of this court’s order before the Ninth Circuit, where argument was heard on October 9, 2002. Meanwhile, from November 18, 2002 to November 19, 2002, this court held a bench trial.

On March 13, 2003, the Ninth Circuit issued an opinion affirming this court’s issuance of a preliminary injunction and remanding the matter for further proceedings. As this case has already been tried, the court issues the following findings of fact and conclusions of law.

I. FINDINGS OF FACT

Based on the evidence presented to this court in connection with the November 2002 bench…