Citizens for Free Speech, LLC v. County of Alameda

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

Before the Court are the parties’ cross motions for summary judgment in this case concerning billboards in Alameda County. See generally County MSJ 2 (dkt. 82); Plaintiffs’ MSJ (dkt. 86). Following the Court’s first summary judgment ruling, see MSJ Order (dkt. 71), there are three disputes left in the case: (1) whether and how Plaintiffs can recover on their facial challenge to the now-superseded Alameda County Zoning Ordinance section 17.18.130; (2) whether section 17.52.515 violates Plaintiffs’ Equal Protection rights under the Fourteenth Amendment and California Constitution by preventing display of Plaintiffs’ signs but allowing grandfathered billboard companies to display signs; and (3) whether section 17.52.520(A) likewise violates Plaintiffs’ Equal Protection rights by preventing Plaintiffs’ signs but allowing public agencies to erect official public signs. As explained below, the Court grants the County’s Motion (and denies Plaintiffs’ Motion) as to sections 17.18.130 and 17.52.515, but grants Plaintiffs’…