Metro Fuel LLC v. City of New York

Metro Fuel LLC v. City of New York

Plaintiff:	Metro Fuel LLC
Defendant:	City of New York
Case Number:	1:2007cv08244
Filed:	September 21, 2007
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Unassigned
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 31, 2009	Filing 50 OPINION & ORDER #97337 re: 14 MOTION for Summary Judgment or for a Preliminary Injunction filed by Metro Fuel LLC, 22 MOTION for Summary Judgment filed by City of New York.Upon review of the voluminous record, the Court has determined that there are no issues of material fact in either of the cases. Any factual disputes are trivial, non-essential, and do not materially affect the outcome of the cases. Accordingly, summary judgment is appropriate. The Citys zoning regulations, which restrict the location of commercial advertising signs immediately adjacent to its arterial highway system, satisfy the constitutional test for commercial speech restriction and are not unconstitutionally underinclusive. New York City has substantial interests in restricting outdoor advertising signs near highways, its zoning ordinance will directly advance those interests, and the regulations are not more extensive than necessary. The few exceptions to the ban on off-site commercial arterial advertising that remain along the City's roads do not undermine the constitutionality of the Zoning Resolution. For the same reasons, the Zoning Resolutions registration and documentation requirements also pass constitutional muster. Since the City's r ules are constitutional, the Clear Channel Plaintiffs cannot show irreparable harm and a likelihood of success on the merits. Accordingly, for the reasons already outlined in this Opinion and Order, the Defendants motion for summary judgment is GRANT ED and the Clear Channel Plaintiffs motions for summary judgment and for a preliminary injunction are DENIED. Likewise, there is no constitutional infirmity with the Zoning Resolutions location and illumination restrictions that affect Metro Fuel. Th e City has a substantial interest in protecting neighborhood aesthetics, the regulations directly advance that interest, and they are not more extensive than necessary. The City's franchise for street furniture, which permits advertising, does n ot undermine the Zoning Resolutions constitutionality. Accordingly, for the reasons already discussed, the City's motion for summary judgment is GRANTED and Metro Fuels motion for summary judgment or for a preliminary injunction is DENIED. The C lerk of the Court is ordered to close out this case. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/31/2009) Filed In Associated Cases: 1:06-cv-08193-PAC, 1:06-cv-08219-PAC(tve) (Signed by Judge Paul A. Crotty on 3/31/2009) (tve) Modified on 4/1/2009 (mro).

Date Filed

Document Text

March 31, 2009

Filing 50 OPINION & ORDER #97337 re: 14 MOTION for Summary Judgment or for a Preliminary Injunction filed by Metro Fuel LLC, 22 MOTION for Summary Judgment filed by City of New York.Upon review of the voluminous record, the Court has determined that there are no issues of material fact in either of the cases. Any factual disputes are trivial, non-essential, and do not materially affect the outcome of the cases. Accordingly, summary judgment is appropriate. The Citys zoning regulations, which restrict the location of commercial advertising signs immediately adjacent to its arterial highway system, satisfy the constitutional test for commercial speech restriction and are not unconstitutionally underinclusive. New York City has substantial interests in restricting outdoor advertising signs near highways, its zoning ordinance will directly advance those interests, and the regulations are not more extensive than necessary. The few exceptions to the ban on off-site commercial arterial advertising that remain along the City's roads do not undermine the constitutionality of the Zoning Resolution. For the same reasons, the Zoning Resolutions registration and documentation requirements also pass constitutional muster. Since the City's r ules are constitutional, the Clear Channel Plaintiffs cannot show irreparable harm and a likelihood of success on the merits. Accordingly, for the reasons already outlined in this Opinion and Order, the Defendants motion for summary judgment is GRANT ED and the Clear Channel Plaintiffs motions for summary judgment and for a preliminary injunction are DENIED. Likewise, there is no constitutional infirmity with the Zoning Resolutions location and illumination restrictions that affect Metro Fuel. Th e City has a substantial interest in protecting neighborhood aesthetics, the regulations directly advance that interest, and they are not more extensive than necessary. The City's franchise for street furniture, which permits advertising, does n ot undermine the Zoning Resolutions constitutionality. Accordingly, for the reasons already discussed, the City's motion for summary judgment is GRANTED and Metro Fuels motion for summary judgment or for a preliminary injunction is DENIED. The C lerk of the Court is ordered to close out this case. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/31/2009) Filed In Associated Cases: 1:06-cv-08193-PAC, 1:06-cv-08219-PAC(tve) (Signed by Judge Paul A. Crotty on 3/31/2009) (tve) Modified on 4/1/2009 (mro).

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Plaintiff: Metro Fuel LLC
Represented By:	Eric Hecker
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Defendant: City of New York
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