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Contest Promotions, LLC v. City and County of San Francisco, California

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-16682

Certiorari denied · May 29, 2018
Pre-decision estimate: 21% cert probability (95% interval 12%–34%)

Before the decision, about 5.1× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Ninth Circuit decision below.

Question presented

Section 611 of the San Francisco Planning Code provides that “[n]o new general advertising signs shall be permitted at any location within the City [of San Francisco] as of March 5, 2002.” This ban applies to any sign “which directs attention to a business, commodity, industry or other activity which is sold, offered or conducted elsewhere than on the premises upon which the Sign is located,” and also to any sign advertising a product or service that is “only incidentally” offered on the premises. S.F. Planning Code § 602. The Ninth Circuit sustained the dismissal of petitioner’s First Amendment challenge to this ordinance, holding that a total ban of this sort is permissible as a matter of law. The question presented is: Whether the First Amendment permits a municipality to ban all signs, of any kind, advertising offpremises commercial activity, without making any showing that the ban furthers a substantial government interest in a direct, material, and tailored way.

Counsel of record

For petitioner
Joshua Patashnik
California Department of Justice

For respondent
James M. Emery

Case

Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Linked docket
17A672

Order
Order list, May 29, 2018 · Certiorari denied

Proceedings

  1. May 29 2018
    Petition DENIED.
  2. May 08 2018
    DISTRIBUTED for Conference of 5/24/2018.
  3. May 07 2018
    Reply of petitioner Contest Promotions, LLC filed.
  4. Apr 23 2018
    Brief of respondent City and County of San Francisco in opposition filed.
  5. Mar 23 2018
    Response Requested. (Due April 23, 2018)
  6. Mar 21 2018
    DISTRIBUTED for Conference of 4/13/2018.
  7. Mar 16 2018
    Brief amicus curiae of Pacific Legal Foundation filed.
  8. Mar 14 2018
    Brief amici curiae of Southeastern Legal Foundation and NFIB Small Business Legal Center filed.
  9. Mar 13 2018
    Brief amici curiae of Goldwater Institute and Mississippi Justice Institute filed.
  10. Feb 28 2018
    Waiver of right of respondent City and County of San Francisco to respond filed.
  11. Feb 26 2018
    Blanket Consent filed by Petitioner, Contest Promotions, LLC.
  12. Feb 14 2018
    Petition for a writ of certiorari filed. (Response due March 19, 2018)
  13. Dec 27 2017
    Application (17A672) granted by Justice Kennedy extending the time to file until February 14, 2018.
  14. Dec 20 2017
    Application (17A672) to extend the time to file a petition for a writ of certiorari from January 15, 2018 to February 14, 2018, submitted to Justice Kennedy.
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