Legal Opinion

Eller Media Company v. City of Cleveland, Ohio

Court of Appeals for the Sixth Circuit

Decided April 21, 2003No. 01-3946Published

1Opinion of the Court

OPINION

2Per curiam

In this appeal, the City of Cleveland asks us to uphold the validity of a municipal ordinance banning within city limits all billboard advertising of alcoholic beverages, except in certain instances and in restricted areas of Cleveland. Although the City claimed to be motivated by the entirely laudable goal of curbing underage drinking in the community, the plaintiff, Eller Media Company, successfully sued to enjoin implementation of the ordinance on the grounds that the legislative action was preempted by state statute and also was an unconstitutional restriction on freedom of speech.…

3Cases cited3 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. Lorillard Tobacco Co. v. ReillySupreme Court of the United States · 2001
  3. Eller Media Co. v. City of Cleveland, OhioDistrict Court, N.D. Ohio · 2001

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