Bldg. Indus. Ass'n-Bay Area v. City of Oakland

The City of Oakland's motion to dismiss is granted. Dismissal is with prejudice.

I.

Oakland is one of at least twelve cities in California that have ordinances requiring developers to display or fund art as a condition of project approval. Under the current version of Oakland's ordinance, which was enacted in July 2017, a developer of a multifamily project with over twenty units must either: (i) spend 0.5 percent of building development costs on art displays on the site of the development or a nearby right-of-way; or (ii) pay an equivalent amount to a city-operated fund for public art installations. A developer of certain commercial projects must purchase and install art valued at one percent of building development costs or pay an equivalent fee to Oakland's public-art fund. This requirement applies generally to all development projects that fit the Ordinance's criteria, although there are ways for some developers to get out of the requirement or reduce the amount they need to spend. For example, a developer of affordable housing doesn't need to comply with the ordinance if it can show that compliance costs would make the project economically infeasible. And the ordinance…