Mobile Billboard Ordinance That Exempts Certain Vehicles Is A Content-Based Regulation

A city ordinance that prohibits parking mobile billboards on public streets, but exempts authorized emergency or construction-related vehicles, is a content-based regulation subject to strict scrutiny, the U.S. Ninth Circuit Court of Appeals held earlier this month. The court sent Boyer v. City of Simi Valley back to the district court to be analyzed under strict scrutiny — a narrow test to ensure a law does not discriminate. The decision reversed the district court's ruling that the City of Simi Valley's ordinance was content-neutral and a reasonable time, place and manner restriction permitted under the First Amendment.

The City's ordinance prohibits the parking of mobile billboard advertising displays on city streets or land, but exempts authorized emergency vehicles and construction-related vehicles. The stated purpose of the City's ordinance is "to protect the health, safety, and welfare of the citizens of the City." The plaintiff uses vehicles and trailers to