Tarr

MEMORANDUM **

The Oregon Motorist Information Act (“OMIA”) 1 requires individuals to obtain a permit before erecting most signs visible from Oregon’s highways, but exempts so-called “on-premises” signs. Appellant Oscar Tarr applied for a permit to erect an off-premises sign stating “Attend Apple-gate Christian Fellowship.” The Oregon Department of Transportation (“ODOT”) rejected the application and Tarr brought a section 1983 suit against the Director, *84 Bruce Warner, claiming that the OMIA violated Tarr’s First Amendment rights. The district court reached the merits of Tarr’s suit and granted summary judgment in Warner’s favor. Tarr appeals. We review a district court’s grant of summary judgment de novo.

Warner argues that Tarr lacked standing to bring his First Amendment challenge because of a subsequent amendment to the OMIA. A party’s standing is a question of law that we review de novo. 3 Tarr was injured as he applied for a permit to erect a sign and Warner rejected his application. The amendment to the OMIA is immaterial to the result as Warner admits that the ODOT removes noncomplying signs and Tarr would likely not receive a permit under the amended OMIA. Tarr…