Bench Billboard Co. v. City of Cincinnati, No. 10-3750 (6th Cir. 2012)
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Wanting to place its advertising benches on private property and in public rights-of-way, the company first sued the city in 1993. The parties settled. The city granted the company 300 permits and amended laws to give the company access to place benches in rights-of-way. In 2006-2007, the city rescinded those amendments and amended other laws and the company again filed suit, alleging violations of the First Amendment and Fourteenth Amendment Equal Protection rights and claiming non-conforming use protection. While the case was pending, the city again amended the laws at issue. The district court determined that certain claims were moot, that the company lacked standing to bring its First Amendment claims, that the company was not similarly situated for purposes of its equal-protection claim, and that it would not consider the non-conforming use claim. The Sixth Circuit affirmed. Noting that there has been no admission or finding of unconstitutionality, the court agreed the claims were moot. The only claimed injury, the difference between fees paid by bench advertisers and those paid by the other advertising media, did not establish standing.
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