Desert Outdoor Advertising, Inc. v. City of Oakland

ORDER

At slip op. page 4425 [598 F.3d at 1144], the final paragraph is replaced with

With this amendment, the panel unanimously voted to deny the petition for rehearing. Judge Thomas has voted to deny the petition for rehearing en banc, and Judges Hall and Noonas so recommend. The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P.

The petition for rehearing and the petition for rehearing en banc are DENIED. No subsequent petitions for rehearing and rehearing en banc may be filed.

OPINION

In 2002, Desert Outdoor began displaying a large advertising billboard, visible from the freeway, on East 9th Street in Oakland. Desert received a letter from the City of Oakland demanding that the structure be removed or that a variance be sought because the sign was prohibited by Oakland’s local ordinances. Desert applied for a variance and was denied.

Desert then filed suit in the U.S. District Court for the Northern District of California contending that the Oakland sign ordinances violated…