Outdoor Media Group, Inc. v. City of Beaumont

MEMORANDUM

Outdoor Media Group, Inc. and Chance Outdoor, LLC appeal the district court’s grant of summary judgment to the City of Beaumont and its denial of their summary judgement motion. The district court held that appellants lacked standing to assert a claim for section 1983 damages under the First Amendment. On previous appeal to this court, we affirmed the district court’s dismissal as moot of appellants’ claims for injunctive and declaratory relief. We noted that the City of Beaumont had passed a new sign ordinance addressing potential constitutional infirmities in the old ordinance. Outdoor Media Group v. City of Beaumont, 506 F.3d 895, 902 (9th Cir. 2007). On remand, the appellants only remaining claim was that the City’s old ordinance had unconstitutionally preferenced certain commercial speech over certain noncommercial speech. Id. We have jurisdiction to review under 28 U.S.C. § 1291 . We affirm the district court’s decision.

We review de novo whether a party has standing to bring an action. LSO, Ltd. v. Stroh, 205 F.3d 1146 , 1152 (9th Cir.2000). We also review the district court’s grant of summary judgment de novo. Yellow Cab Co. of Sacramento v. Yellow Cab of Elk…