Mahaney owns Headed West, a shop selling pipes and other smoking accessories. He hired artists to paint murals on the buildings exterior.
The murals showed musicians such as Jimi Hendrix, Jerry Garcia, and others. The city of Englewood cited Mahaney for three sign code violations: (1) failing to obtain a permit; (2) failing to obtain city manager approval before the murals were painted; and (3) exceeding the maximum sign area allowed. Mahaney brought an action for declaratory and injunctive relief alleging that the city ordinances violate the First Amendment. The district court granted summary judgment in favor of the city.
Mahaney appealed. Do you think he has a case? Why? [Mahaney v. City of Englewood, 226 P.3d 1214 Ct. App., Colo. (2009)]