Bench Billboard Co. v. City of Toledo

ORDER

JAMES G. CARR, District Judge.

This is a suit by plaintiff Bench Billboard Company (BBC) about the City of Toledo’s regulation of bus stop courtesy benches. Toledo enacted a new ordinance regulating such benches TMC §§ 719.01-11, in February, 2007. Among other things, the ordinance required BBC to place trash receptacles by the benches and keep the area free of snow and debris.

BBC filed this suit under 42 U.S.C. § 1983, alleging that the ordinance violates its right to freedom of speech, equal protection, and due process. BBC also asserted a cause of action under Ohio common law for…