Citizens for Free Speech, LLC v. County of Alameda

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Plaintiffs Citizens for Free Speech, LLC (“Citizens”) and Michael Shaw (“Shaw”) (collectively, “Plaintiffs”) brought suit against Defendant County of Alameda (the “County”), alleging that the County’s regulation of billboards and advertising signs is unconstitutional. 1 See generally Compl. *955 Plaintiffs previously obtained a preliminary injunction in this case to prevent the County from enforcing Title 17 of the Alameda County General Ordinance Code (the “Zoning Ordinance”) against Plaintiffs. See Citizens for Free Speech, LLC v. Cnty. of Alameda, 62 F.Supp.3d 1129 (N.D.Cal.2014).

The County now moves for summary judgment on several grounds, arguing that Plaintiffs’ as-applied and facial challenges to the Zoning Ordinance both fail. 2 See Mot. at 2. For the reasons discussed below, the Court GRANTS summary judgment as to Plaintiffs’ free speech claims, to the extent that those claims are based on: (1) an as-applied challenge; (2) a facial challenge as to the unfettered discretion granted by Zoning Ordinance §§ 17.52.B20(Q), • 17.52.520(D), 3 and 17.54.130; and (3) a facial challenge as to…