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REED v. TOWN OF GILBERT, ARIZ.

No. 08-17384.

587 F.3d 966 (2009)

Clyde REED, Pastor; Good News Community Church, Plaintiffs-Appellants, v. TOWN OF GILBERT, ARIZONA; Adam Adams, in his official capacity as Code Compliance Manager, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 20, 2009.

Attorney(s) appearing for the Case

Benjamin W. Bull, Jeremy D. Tedesco, Alliance Defense Fund, Scottsdale, AZ; David A. Cortman (argued), Alliance Defense Fund, Lawrenceville, GA; Deborah M. Sheasby, Peter A. Gentala, Center for Arizona Policy, Phoenix, AZ, for the plaintiffs-appellants.

Robert Grasso, Jr., Kim S. Alvarado (argued), Grasso Law Firm, P.C., Chandler, AZ, for the defendants-appellees.

Before: STEPHEN REINHARDT, JOHN T. NOONAN and M. MARGARET McKeown, Circuit Judges.

McKEOWN, Circuit Judge:

Although "[i]t is common ground that governments may regulate the physical characteristics of signs," City of Ladue v. Gilleo, 512 U.S. 43, 48, 114 S.Ct. 2038, 129 L.Ed.2d 36 (1994), sign regulations have spawned legions of First Amendment challenges. Those challenges arise because signs "pose distinctive problems that are subject to municipalities' police powers," and yet they are also "a form of expression...

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