ANHEUSER-BUSCH, INCORPORATED, Plaintiff-Appellant,
v.
Kurt L. SCHMOKE, in his official capacity as Mayor of Baltimore City; Mayor and City Council of Baltimore City; City Council of Baltimore City; David Tanner, in his official capacity as the General Superintendent of Zoning Administration and Enforcement, Defendants-Appellees,
and
John Joseph Curran, Attorney General of the State of Maryland, in his official capacity, Defendant.
The Association of National Advertisers, Incorporated; the American Association of Advertising Agencies; the Media Institute; National Association of Broadcasters; the Thomas Jefferson Center for the Protection of Free Expression; Washington Legal Foundation; Center for Science in the Public Interest; Coalition for Beautiful Neighborhoods; Baltimore City Wide Liquor Coalition for Better Laws and Regulations, Amici Curiae.
PENN ADVERTISING OF BALTIMORE, INCORPORATED, Plaintiff-Appellant,
v.
John Joseph CURRAN, Attorney General of the State of Maryland, in his official capacity, Defendant.
The Association of National Advertisers, Incorporated; the American Association of Advertising Agencies; the Media Institute; National Association of Broadcasters; the Thomas Jefferson Center for the Protection of Free Expression; Washington Legal Foundation; Center for Science in the Public Interest; Coalition for Beautiful Neighborhoods; Baltimore City Wide Liquor Coalition for Better Laws and Regulations, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued March 6, 1995.
Decided August 31, 1995.
Attorney(s) appearing for the Case
ARGUED: John Joseph Walsh, Cadwalader, Wickersham & Taft, New York City, for appellant. Burton Harry Levin, Assistant Solicitor, Baltimore, MD, for appellees. ON BRIEF: Eric M. Rubin, Walter E. Diercks, Jeffrey Harris, Rubin, Winston, Diercks, Harris & Cooke, Washington, DC, for appellant. Neal M. Janey, City Solicitor, Sandra R. Gutman, Associate Solicitor, Department of Law, Baltimore, MD, for appellees. Richard E. Wiley, Lawrence W. Secrest, III, Daniel E. Troy, Luis de la Torre, Frank Winston, Jr., Wiley, Rein & Fielding, Washington, DC, for amici curiae American Advertising Federation, et al. Mark S. Yurick, Senior Assistant City Solicitor, Office of The City Solicitor, Cincinnati, OH, for amicus curiae City of Cincinnati. Daniel J. Popeo, David A. Price, Washington Legal Foundation, Washington, DC, for amicus curiae Washington Legal Foundation. Donald Garner, Professor of Law, Southern Illinois University, Carbondale, IL; The Maryland Congress of Parents & Teachers, Inc., Baltimore, MD, for amicus curiae Maryland Congress. Christopher J. Fritz, Julie Ellen Squire, Thomas C. Dame, Gallagher, Evelius & Jones, Baltimore, MD, for amici curiae Coalition for Beautiful Neighborhoods, et al. Louise H. Renne, City Attorney, Dannis Aftergut, Chief Assistant City Attorney, Barbara Solomon, Deputy City Attorney, John Cooper, Deputy City Attorney, San Francisco, CA, for amicus curiae San Francisco; Joan Gallo, City Attorney, George Rios, Assistant City Attorney, San Jose, California, for amicus curiae San Jose. George Hacker, Center for Science in the Public Interest, Washington, DC, for amicus curiae Center for Science.
Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge HAMILTON and Senior Judge BUTZNER joined.
OPINION
NIEMEYER, Circuit Judge:
We decide in this case whether Ordinance 288 enacted by the Mayor and City Council of Baltimore, Maryland, prohibiting the placement of stationary, outdoor "advertising that advertises alcoholic beverages" in certain areas of the City, violates the First and Fourteenth Amendment protections of...
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