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MALDONADO v. MORALES

Nos. 06-15657, 07-15535.

556 F.3d 1037 (2009)

Nano MALDONADO, Plaintiff-Appellant, v. Jeff MORALES, in his capacity as Director of the California Department of Transportation, Defendant, and Will Kempton, in his capacity as Director of the California Department of Transportation, Defendant-Appellee. Nano Maldonado, Plaintiff-Appellant, v. Will Kempton, in his capacity as Director of the California Department of Transportation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2009.

Attorney(s) appearing for the Case

Dennis Scott Zell, Fogarty & Zell, LLP, Millbrae, CA, for the plaintiff-appellant.

Ronald W. Beals, Assistant Chief Counsel, California Department of Transportation Legal Division, Sacramento, CA, for the defendant-appellee.

Michael F. Wright, Case Knowlson, Jordan & Wright, LLP, Los Angeles, CA, for the amicus.

Before: EUGENE E. SILER, JR., M. MARGARET McKEOWN, and CONSUELO M. CALLAHAN, Circuit Judges.

McKEOWN, Circuit Judge:

Nano Maldonado has raised a number of constitutional challenges to the California Outdoor Advertising Act. Cal. Bus. & Prof. Code § 5200, et seq. As a consequence of a legislative amendment in 2008, the Act bars offsite commercial advertising but does not restrict non-commercial speech. Cal. Bus. & Prof.Code § 5275. Although some of Maldonado's claims are now moot because of this amendment, he continues to challenge application...

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