REAGAN NAT. ADVERTISING, AUSTIN v. CITY OF AUSTIN

No. 19-50354.

972 F.3d 696 (2020)

REAGAN NATIONAL ADVERTISING OF AUSTIN, INCORPORATED, Plaintiff-Appellant, Lamar Advantage Outdoor Company, L.P., doing business as The Lamar Companies, Intervenor Plaintiff-Appellant, v. CITY OF AUSTIN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 25, 2020.


Attorney(s) appearing for the Case

Bryan Russell Horton , Julie Anne Ford , Trial Attorney, George Brothers Kincaid & Horton, L.L.P., Austin, TX, for Plaintiff-Appellant.

Daniel Tobin , Bradley Eugene McLain , SettlePou, Dallas, TX, for Intervenor Plaintiff-Appellant.

Henry Gray Laird, III, Esq. , City of Austin, Law Department, Litigation Division, Austin, TX, for Defendant-Appellee.

Ilya Shapiro, Esq. , Cato Institute, Washington, DC, for Amicus Curiae.

Before Elrod, Southwick, and Haynes, Circuit Judges.


Reagan National Advertising of Austin and Lamar Advantage Outdoor Company both filed applications to digitize existing billboards. The City of Austin denied the applications because its Sign Code does not allow the digitization of off-premises signs. Reagan and Lamar sued, arguing that the Sign Code's distinction...

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