American Trucking Associations v. City of Los Angeles

N.R. SMITH, Circuit Judge,

dissenting in parts III.B., III.C., IV.B., IV.C., and TV.E. of the majority opinion:

I must dissent from the majority opinion because: (1) the market participant exception to preemption does not apply. Dray-age services (not port services) form the relevant market, and the Port of Los Angeles (the “Port”) acts as a regulator of drayage services. (2) Even assuming the Port qualifies as a proprietor, the off-street parking provisions are preempted, because they affect parties unrelated to contractual obligations to the Port. (3) The placard provision is preempted and…