Supreme Court of the United States · Official docket →
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
Before the decision, about 4.6× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below and a circuit split argued in the petition.
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
Proceedings
- May 29 2018Petition DENIED.
- May 08 2018DISTRIBUTED for Conference of 5/24/2018.
- May 07 2018Reply of petitioner Contest Promotions, LLC filed.
- Apr 23 2018Brief of respondent City and County of San Francisco in opposition filed.
- Mar 23 2018Response Requested. (Due April 23, 2018)
- Mar 21 2018DISTRIBUTED for Conference of 4/13/2018.
- Mar 16 2018Brief amicus curiae of Pacific Legal Foundation filed.
- Mar 14 2018Brief amici curiae of Southeastern Legal Foundation and NFIB Small Business Legal Center filed.
- Mar 13 2018Brief amici curiae of Goldwater Institute and Mississippi Justice Institute filed.
- Feb 28 2018Waiver of right of respondent City and County of San Francisco to respond filed.
- Feb 26 2018Blanket Consent filed by Petitioner, Contest Promotions, LLC.
- Feb 14 2018Petition for a writ of certiorari filed. (Response due March 19, 2018)
- Dec 27 2017Application (17A672) granted by Justice Kennedy extending the time to file until February 14, 2018.
- Dec 20 2017Application (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.