Krochalis

Ackerley Communications of the Northwest Inc. v. Krochalis

Good Law
108 F.3d 1095·97 Daily Journal DAR 3259·1997 WL 100950·1997 U.S. App. LEXIS 4018·97 Cal. Daily Op. Serv. 1728
United States Court of Appeals for the Ninth CircuitMarch 7, 1997No. 95-36211California2,118 words

Opinion

Lead Opinion

Rymer, J.

This appeal requires us to decide whether Seattle’s regulation limiting the construction and relocation of billboards passes constitutional muster as a matter of law under Metromedia, Inc. v. City of San Diego, 453 U.S. 490 , 101 S.Ct. 2882 , 69 L.Ed.2d 800 (1981), without detañed proof that the billboard regulation will in fact advance the city’s interests in traffic safety and esthetics.

Ackerley Communications of the Northwest, Inc., which is in the business of disseminating commercial and public service messages on outdoor advertising signs erected on property leased from private owners, appeals summary judgment in favor of the City of Seattle, its Department of Construction, and R.F. Krochalis, the Department’s Director, on its claim that Seattle Municipal Ordinance 116780, prohibiting the construction and relocation of billboards except in certain circumstances, impermissibly restricts commercial speech under the First Amendment. The district court held that Metromedia controls, and we agree. Ackerley contends that the Court’s more recent decisions require a searching judicial review of all restrictions on commercial speech, and that Seattle had to (but did not)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.