Wometco Enterprises, Inc. v. City of West Palm Beach

LEWIS KAPNER, Circuit Judge.

In 1973, the city of West Palm Beach passed a sign code regulating outdoor advertising within the city. Petitioners Wometco Enterprises, Inc., d/b/a Outdoor Media, and Stewart Pontiac Company, on its own behalf and on behalf of all other commercial proprietors within the city of West Palm Beach, have challenged this code, alleging it to be unconstitutional. The parties will be referred to as the city, Wometco and Stewart, respectively. The sign code will be referred to as the sign code, code or ordinance.

The city has moved to dismiss Stewart’s action as a class…