Ballen

Ballen v. City of Redmond

Bad Law
466 F.3d 736·2006 WL 2988177
United States Court of Appeals for the Ninth CircuitSeptember 15, 200604-35606, 04-35758California3,650 words

Opinion

Opinion

Tallman, J.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The Opinion filed on September 15, 2006, is amended as follows:

At slip opinion page 11445, first paragraph, line 1: delete the first paragraph and replace with the following text, retaining footnote 1 at the end of the new text:

On slip opinion page 11445, heading III: delete the two paragraphs of text under heading III and replace with the following text:

OPINION

This First Amendment commercial speech case arises from a dispute between Blazing Bagels’ use of outdoor advertising and the City of Redmond’s commercial signage ordinance. The City of Redmond, Washington, and its Department of Planning and Community Development (collectively “Defendants” or “the City” or “Redmond”) appeal the district court’s orders granting Plaintiff Dennis Bailen summary judgment and attorneys’ fees. Appellees Bailen and his business, Nice Tie, Inc., d/b/a Blazing Bagels (collectively “Bailen” or “Plaintiffs”), challenge the City’s sign ordinance (“Ordinance”), Redmond Community Development Guide (“RCDG”) 20D.160.10-090, prohibiting all portable signs, with ten exceptions, see RCDG 20D.160.10-060, arguing, inter alia, that the Ordinance does not…

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