Citizens for Free Speech, LLC v. County of Alameda

ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs brought suit against the-County of Alameda (“County”), alleging that the County’s regulation of billboards and advertising signs is unconstitutional. See generally Compl. (dkt. 1). Plaintiffs now move for a preliminary injunction, claiming that the County’s comprehensive zoning law, codified as Title 17 of the Alameda County General Ordinance Code (the “Zoning Ordinance”), violates their First Amendment rights and is facially invalid. See Mot. (dkt. 11) at 2 (“the Code is facially unconstitutional”). 1 As explained below, the Court will GRANT the Motion for Preliminary Injunction.

1. BACKGROUND

The Zoning Ordinance zones the County’s unincorporated territory into twenty-five different types of district, within which only certain buildings, structures, or land uses are permitted. Zoning Ordinance § 17.02.050. 2 Michael Shaw owns a parcel of land located at 8555 Dublin Canyon Road (the “Parcel”) in the County. Shaw Decl. (dkt. 11-3) ¶ 2. The Parcel is located in an area zoned as a Planned Development (“PD”) district. Id.

Shaw also owns Lockaway Storage, a self-storage business that currently operates on the Parcel. Shaw…