Rich

Rich v. City of Ontario

Good Law
10 F. App'x 583
United States Court of Appeals for the Ninth CircuitJune 1, 2001No. 99-55958; D.C. No. CV-99-1529-SVWCalifornia441 words

Opinion

Lead Opinion

MEMORANDUM *

The city of Ontario, California (“Ontario”), denied appellant Kimberly Rich’s (“Rich”) applications to display seven signs within city limits. Rich filed a complaint in district court which contained both a facial and an as-applied challenge to Ontario’s sign permit regulations. The district court granted Ontario’s motion to dismiss, and Rich appeals. We affirm.

Rich argues that Ontario’s sign permit regulations violate her due process rights because the regulations lack reasonable procedural safeguards, thus allowing Ontario officials to exercise unfettered discretion to withhold sign permits. Rich specifically eschews any substantive First Amendment challenge to Ontario’s sign code, maintaining instead that her facial and as-applied challenges are confined to the code’s alleged lack of procedural safeguards.

Rich’s facial challenge fails. In Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604, 609 (9th Cir.1993), we addressed the facial constitutionality of sign permit *585 regulations which, like Ontario’s, did not contain any deadlines for decision. We wrote “[t]hat the codes lack a time limit for the processing of [permit] applications is not fatal.” Id. at…

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