SKYSIGN INTERN. v. CITY AND COUNTY OF HONOLULU

No. 99-15974.

276 F.3d 1109 (2002)

SKYSIGN INTERNATIONAL, INC., Plaintiff-Appellant, v. CITY AND COUNTY OF HONOLULU; Does 1-100, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred December 26, 2000.

Re-Submitted December 18, 2001.

Filed January 9, 2002.


Attorney(s) appearing for the Case

Denise H. Sangster (argued), Michael Jay Green, David J. Gierlach, Honolulu, Hawaii, for the plaintiff-appellant.

Gregory J. Swartz, Deputy Corporation Counsel (argued), David Z. Arakawa, Corporation Counsel, City and County of Honolulu, Honolulu, Hawaii, for the defendants-appellees.

Stuart E. Schiffer, Acting Assistant Attorney General, Elliott Enoki, United States Attorney, Douglas N. Letter and Christine N. Kohl, Attorneys, Civil Division, United States Department of Justice, Washington, DC, on the brief; Rosalind A. Knapp, Acting General Counsel, Paul M. Geier, Assistant General Counsel, United States Department of Transportation, Washington, DC, David G. Leitch, Chief Counsel, Nancy D. LoBue, Assistant Chief Counsel, Federal Aviation Administration, Washington, DC, of counsel, for the United States as amicus curiae by invitation of the court.

Before THOMPSON, O'SCANNLAIN, and TASHIMA, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether federal law preempts a local ordinance regulating advertisements borne by aircraft.

I

Skysign International, Inc. ("Skysign"), a Hawaii corporation, was a provider of aerial advertising on the island of Oahu. Its helicopters carried lighted signs beneath their fuselages, bearing advertisements for Skysign's clients.

At all times relevant to this...

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