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DESERT OUTDOOR ADVERTISING v. CITY OF OAKLAND

No. 05-15501.

506 F.3d 798 (2007)

DESERT OUTDOOR ADVERTISING, INC., a California corporation, Plaintiff-Appellant, v. CITY OF OAKLAND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 30, 2007.

Attorney(s) appearing for the Case

Alan R. Herson (argued), Jacksonville, OR, for plaintiff-appellant Desert Outdoor Advertising, Inc.

Christopher Kee (argued), Deputy City Attorney, John Russo, City Attorney, Randolph W. Hall, Assistant City Attorney, James F. Hodgkins, Supervising Trial Attorney, Oakland, CA, for defendant-appellee City of Oakland.

Before: B. FLETCHER and RICHARD R. CLIFTON, Circuit Judges, and EDWARD F. SHEA, District Judge.

CLIFTON, Circuit Judge:

Desert Outdoor Advertising, Inc., wants to display three billboards, each of which would be primarily viewed from a freeway, in Oakland, California. The City of Oakland has refused to permit the signs, citing specific City ordinances. Desert filed this action to challenge those ordinances on First Amendment grounds, seeking injunctive relief and money damages. In particular, Desert argues that Oakland Municipal Code § 1501, which generally...

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