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City of Cincinnati, Ohio, et al. v. Lamar Advantage GP Company, LLC, et al.

Paid petition · Supreme Court of Ohio, No. 2020-0931 · judgment September 16, 2021

Certiorari denied · May 2, 2022
Pre-decision estimate: 7% cert probability (95% interval 4%–13%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

Relying on the same First Amendment precedent from this Court, the highest courts of Ohio and Maryland reached conflicting conclusions about whether taxing the business privilege of charging for the use of billboard space abridges the freedom of speech, or of the press. The question presented, upon which this conflict exists, is: Whether a municipal excise tax on the business privilege of charging for the use of billboard space abridges the freedom of speech, or of the press.

Counsel of record

For petitioner
Marion Eugene Haynes III
City of Cincinnati Law Department

For respondent
Michael Alan Galasso
Robbins, Kelly, Patterson & Tucker, LPA

Case

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

Conference history
Distributed for 3 conferences

Order
Order list, May 2, 2022 · Certiorari denied

Proceedings

  1. May 02 2022
    Petition DENIED.
  2. Apr 26 2022
    Supplemental brief of respondents Lamar Advantage GP Company, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  3. Apr 26 2022
    Supplemental brief of petitioners City of Cincinnati, Ohio, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Apr 25 2022
    DISTRIBUTED for Conference of 4/29/2022.
  5. Mar 16 2022
    DISTRIBUTED for Conference of 4/1/2022.
  6. Mar 14 2022
    Reply of petitioners City of Cincinnati, Ohio, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  7. Feb 25 2022
    Brief of respondents Lamar Advantage GP Company, LLC and Norton Outdoor Advertising, Inc. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  8. Jan 26 2022
    Response Requested. (Due February 25, 2022)
  9. Jan 19 2022
    DISTRIBUTED for Conference of 2/18/2022.
  10. Jan 12 2022
    Waiver of right of respondent Norton Outdoor Advertising, Inc. to respond filed.
    Main Document
  11. Jan 12 2022
    Waiver of right of respondent Lamar Advantage GP Company, LLC to respond filed.
    Main Document
  12. Dec 14 2021
    Petition for a writ of certiorari filed. (Response due January 18, 2022)
    PetitionAppendixCertificate of Word CountProof of Service