CTIA-The Wireless Ass'n v. City of Berkeley

ORDER GRANTING DEFENDANTS’ MOTION TO DISSOLVE PRELIMINARY INJUNCTION

Plaintiff CTIA-The Wireless Association has filed suit against Defendants the City of Berkeley and its City Manager (collectively, “City” or “Berkeley”), asserting that a Berkeley ordinance is preempted by federal law and further violates the First Amendment. Previously, CTIA moved for a preliminary injunction and, in September 2015, the Court granted CTIA relief, enjoining the ordinance “unless and until the sentence in the City notice regarding children safety is excised from the notice.” Docket No. 53 (Order at 35).

Subsequently, the City amended the ordinance to excise the language regarding children’s safety. Berkeley now moves for dissolution of the preliminary injunction. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS Berkeley’s motion. The Court also DENIES CTIA’s request for a stay of dissolution pending appeal.

I. FACTUAL & PROCEDURAL BACKGROUND

In granting in part and denying in part CTIA’s motion for preliminary injunction, the Court found that Berkeley’s required *899 notice warning about risk to children was…