The city of Simi Valley, Calif. will face a reinstated challenge to its ban on mobile billboards on public property after the Ninth Circuit found the restrictions aren’t content neutral.
The trial court must reconsider its dismissal of Bruce Boyer’s claims because it failed to subject the ordinance to strict scrutiny after finding it content neutral, the U.S. Court of Appeals for the Ninth Circuit said.
The ordinance exempts from the ban authorized emergency as well as construction, repair, and maintenance vehicles.
But the exemption can only be justified based on content—that the exempt vehicles are likely to display public ...
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