James Lombardo v. Bruce Warner, in His Official Capacity as Director of the Oregon Department of Transportation
Opinion
Opinion
ORDER
After we took this case en banc, Lombardo v. Warner, 371 F.3d 538 (9th Cir.2004), and after oral argument before the en banc panel, we certified two questions to the Oregon Supreme Court, see Lombardo v. Warner, 391 F.3d 1008 (9th Cir.2004). On March 23, 2006, the Oregon Supreme Court addressed the certified questions in Lombardo v. Warner, 340 Or. 264 , 132 P.3d 22 (2006). On the same day, the Oregon Supreme Court also issued a decision in Outdoor Media Dimensions, Inc. v. Department of Transportation, 340 Or. 275 , 132 P.3d 5 (2006) (“Outdoor Media”). The remedy imposed in Outdoor Media renders Lombardo’s claims moot, and we now dismiss his appeal.
Background
The factual history of this case is detailed in our certification order. Lombardo, 391 F.3d at 1008-09 . In brief, Lombardo wished to display at his residence a 32-square-foot sign reading “For Peace in the Gulf,” but he could not do so without first obtaining a variance from the temporary sign restriction under the 1999 version of the Oregon Motorist Information Act of 1971 (“OMIA”). Lombardo sought declaratory and injunctive relief, alleging that (1) the OMIA is an impermissible content-based regulation because…