Lone Star Security & Video, Inc. v. City of Los Angeles

MEMORANDUM

Plaintiff Lone Star Security and Video, Inc. (“Lone Star”) appeals from the district court’s denial of its motion for a preliminary injunction in this First Amendment challenge to municipal ordinances regulating mobile billboards. We have jurisdiction under 28 U.S.C. § 1292 (a)(1). We review for an abuse of discretion the district court’s denial of a preliminary injunction. Melendres v. Arpaio, 695 F.3d 990, 999 (9th Cir.2012). We affirm.

The district court concluded that Lone Star failed to demonstrate a likelihood of success on the merits. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 , 129 S.Ct. 865 , 172 L.Ed.2d 249 (2008) (“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.”).

The ordinances at issue are content neutral because they do not “distinguish favored speech from disfavored speech on the basis of the ideas or views expressed.” Reed v. Town of Gilbert, Ariz., 587 F.3d 966, 977 (9th Cir.2009) (quotation marks…