ArchitectureArt, LLC v. City of San Diego

ORDER GRANTING DEFENDANT CITY OF SAN DIEGO’S MOTION FOR SUMMARY JUDGMENT

The City of San Diego (“City”) brings this Motion for Summary Judgment against ArchitectureArt LLC (“AArt” or Plaintiff). (ECF No 20.) The City argues: (1) Plaintiff lacks standing to challenge the City’s sign ordinance in its entirety; (2) Plaintiffs First Amendment claims should be dismissed because the code sections at issue (a) are not vague, (b) are content neutral as applied to Plaintiff and do not unconstitutionally distinguish between different mediums or speakers, or between commercial and non-commercial speech, (c) do not give the City unbridled discretion, and (d) do not subject Plaintiff to an unconstitutional prior restraint on speech; (3) Plaintiffs Equal Protection claims fail because Plaintiff does not present any evidence that Comic-Con approved artists were treated differently than Plaintiff; (4) Plaintiffs Due Process claims fail because there is no evidence of delegation of municipal powers to Comic-Con or Civic San Diego and Plaintiffs permits were denied under a constitutional sign ordinance; and (5) Plaintiffs Intentional Interference with Prospective Business Advantage claims fail…