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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: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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

Conference history
Distributed for 3 conferences

Proceedings

  1. May 02 2022
    Petition DENIED.
  2. Apr 26 2022
    Supplemental brief of respondents Lamar Advantage GP Company, et al. filed. (Distributed)
  3. Apr 26 2022
    Supplemental brief of petitioners City of Cincinnati, Ohio, et al. filed. (Distributed)
  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)
  7. Feb 25 2022
    Brief of respondents Lamar Advantage GP Company, LLC and Norton Outdoor Advertising, Inc. in opposition filed.
  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.
  11. Jan 12 2022
    Waiver of right of respondent Lamar Advantage GP Company, LLC to respond filed.
  12. Dec 14 2021
    Petition for a writ of certiorari filed. (Response due January 18, 2022)