Legal Opinion

RTM Media, L.L.C. v. City of Houston

Court of Appeals for the Fifth Circuit

Decided September 28, 2009No. 08-20701PublishedCited by 21 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

RTM Media appeals a summary judgment for the City of Houston. We affirm.

I

Houston’s sign code threatens to eliminate most of the fifty-nine billboards owned by RTM, an outdoor advertising company. The city sued in state court, accusing RTM of violating the sign code and being a public nuisance; RTM then sued in federal court, alleging that the code violates the First Amendment and that it cannot be enforced against billboards that have been separately licensed by the state.

RTM says that the First Amendment prohibits the sign code’s disparate treatment of…

2Cases cited15 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  3. Dombrowski v. PfisterSupreme Court of the United States · 1965
  4. Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
  5. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989

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3Cited by21 opinions

  1. Clear Channel Outdoor, Inc. v. City of New YorkCourt of Appeals for the Second Circuit · 2010
  2. United States v. Matthew SimpsonCourt of Appeals for the Fifth Circuit · 2014
  3. Ramchandra Adhikari v. Daoud & Partners, etCourt of Appeals for the Fifth Circuit · 2017
  4. Lauder, Inc. v. City of Houston, TexasDistrict Court, S.D. Texas · 2010
  5. Reagan Nat'l Adver. of Austin, Inc. v. City of AustinDistrict Court, W.D. Texas · 2019

16 more not listed; retrieve them via the Exa API.

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