Lombardo

BACKGROUND

The factual history of this case is detailed in our certifica- tion order. Lombardo, 391 F.3d at 1008-09. In brief, Lom- bardo wished to display at his residence a 32-square-foot sign reading “For Peace in the Gulf,” but he could not do so with- out first obtaining a variance from the temporary sign restric- tion under the 1999 version of the Oregon Motorist Information Act of 1971 (“OMIA”). Lombardo sought declar- atory and injunctive relief, alleging that (1) the OMIA is an impermissible content-based regulation because it favors commercial over non-commercial speech; and (2) the OMIA’s variance provision is an unconstitutional prior restraint on speech. He challenged the variance provision on First Amendment grounds because, in his view, the provision gives state officials “unbridled discretion” and no time limit to rule on a variance.

Of relevance to Lombardo’s underlying claims are the fol- lowing provisions in the OMIA: The OMIA imposes a permit requirement on “outdoor advertising signs.”1 ORS 377.725(1). 1 An “outdoor advertising sign” is defined as a “sign designed, intended or used to advertise, inform or attract the attention of the public as to: (a)…