LAMAR ADVANTAGE GP v. CINCINNATI

No. 2020-0931.

185 N.E.3d 1032 (2021)

166 Ohio St.3d 319

2021-Ohio-3155

LAMAR ADVANTAGE GP COMPANY, L.L.C., d.b.a. Lamar Advertising of Cincinnati, OH, et al., Appellants, v. The City of CINCINNATI et al., Appellees.

Supreme Court of Ohio.

Decided September 16, 2021.


Attorney(s) appearing for the Case

Strauss Troy Co., L.P.A., R. Guy Taft , and Stephen E. Schilling , Cincinnati, for appellant Lamar Advantage GP Company, L.L.C., d.b.a. Lamar Advertising of Cincinnati, OH.

Robbins, Kelly, Patterson & Tucker, L.P.A., Michael A. Galasso , and Esther M. Norton , Cincinnati, for appellant Norton Outdoor Advertising, Inc.

Andrew W. Garth , Cincinnati City Solicitor, Marion E. Haynes III , Chief Counsel, and Kevin M. Tidd , Assistant City Solicitor, for appellees.

Sidley Austin, L.L.P., Virginia A. Seitz , Washington, and Christopher S. Ross , urging reversal for amicus curiae Outdoor Advertising Association of America, Inc.

Graydon, Head & Ritchey, L.L.P., and John C. Greiner , Cincinnati, urging reversal for amici curiae Outdoor Advertising Association of Ohio, Ohio Association of Broadcasters, Ohio News Media Association, The E.W. Scripps Company, and Block Communications, Inc.


{¶ 1} This appeal from a judgment of the First District Court of Appeals presents a single question: Is a tax imposed solely upon a small number of billboard operators a discriminatory tax that violates the rights to freedom of speech and a free press protected by the First Amendment to the United States Constitution...

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