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ACKERLEY COM. OF MASS. v. CITY OF SOMERVILLE

No. 88-1802.

878 F.2d 513 (1989)

ACKERLEY COMMUNICATIONS OF MASSACHUSETTS, INC., Plaintiff, Appellant, v. CITY OF SOMERVILLE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 12, 1989.

As Amended July 19 and July 21, 1989.

Attorney(s) appearing for the Case

Andrew L. Frey, with whom Kenneth S. Geller, Andrew J. Pincus, Jerome M. Marcus, Mayer, Brown & Platt, Washington, D.C., George A. Berman, Posternak, Blankstein & Lund, Boston, Mass., Eric Rubin and Rubin, Winston & Diercks, Washington, D.C., were on brief for plaintiff, appellant.

Peter L. Koff, with whom Weston, Patrick, Willard & Redding, Boston, Mass., and Anthony P. Sullivan, City Sol., were on brief for defendant, appellee.

Before SELYA, Circuit Judge, ALDRICH and COFFIN, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

This case requires us to decide whether a city ordinance regulating billboards and other signs violates the First Amendment. The central issue is the validity of distinctions drawn between "onsite" and "offsite" signs and between commercial and noncommercial messages.1 The district court, in a thoughtful and comprehensive opinion, found that the ordinance withstood constitutional scrutiny. Ackerley Communications...

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