Full opinion text
ORDER STEVEN D. MERRYDAY, District Judge. Pursuant to 28 U.S.C. § 636 and Local Rule 6.01(b), the court referred the parties’ cross-motions for summary judgment (Docs. 91, 92) to the United States Magistrate Judge for a report and recommendation. Following the Magistrate Judge’s March 9, 2007, report and recommendation (Doc. 134), the plaintiffs object (Doc. 136) and the defendant responds (Doc. 142) in opposition to the objections. A de novo determination of those portions of the report and recommendation to which the plaintiffs object reveals that the objections either are unfounded or otherwise require no different resolution of the motions. Accordingly, the plaintiffs objections (Doc. 136) are OVERRULED and the Magistrate Judge’s report and recommendation (Doc. 134) is ADOPTED. The plaintiffs’ motion (Doc. 91) for partial summary judgment is DENIED and the defendant’s motion (Doc. 92) for summary judgment is GRANTED. The Clerk is directed to enter judgment in favor of the defendant and against the plaintiffs and close the case. ORDERED. THOMAS B. McCOUN III, United States Magistrate Judge. REPORT AND RECOMMENDATION THIS MATTER is before the court upon referral from the Honorable Steven D. Merryday for a Report and Recommendation on the parties’ cross-motions for summary judgment: Plaintiffs’ Motion for Partial Summary Judgment (Doc. 91) and Memorandum of Law in Support (Doc. 93) and Defendant’s response (Doc. 96), and Hillsborough County’s Motion for Summary Judgment Against Plaintiffs Amended Complaint (Doc. 92) and Plaintiffs’ response (Doc. 97). The parties have filed affidavits, excerpts of depositions, declarations, and other documentary evidence in support of their positions. See (Docs. 92-94, 97, 99, 118). They have also filed supplements to their cross-motions for summary judgment in which they address the import of recent Eleventh Circuit authority. See (Docs. 118-19). By their motion, Plaintiffs seek summary judgment as to all claims except the appropriate amount of damages and attorney’s fees. Generally, Plaintiffs allege that the Defendant has wrongfully rejected or otherwise ignored numerous applications to post signs in Hillsborough County, Florida, on the basis of invalid sign regulations. They seek an Order directing the Defendant to permit the posting of the requested signs and damages for the Defendant’s infringement of their First and Fourteenth Amendment rights. By its response and its cross-motion, Hillsborough County asserts that Plaintiffs have no standing to bring the bulk of their claims, and in any event, the claims are moot by reason of the adoption of new sign regulations in November 2004. Even if the Plaintiffs have standing and the claims have not been rendered moot by the new regulations, Hillsborough County asserts that each of Plaintiffs’ claims fail as a matter of law. I. A. Maverick Media Group, Inc. (hereinafter “Maverick” or “Plaintiff’), is a corporation licensed to do business in the State of Florida and is headquartered in Hillsbor-ough County, Florida. It is an outdoor advertising business that buys and leases land upon which to construct signs used for the dissemination of both commercial and non-commercial speech. Individual Plaintiffs, Rick Bateman, Harold Gallup, and Gil Manter are residents of Hillsbor-ough County and owners of Maverick. Hillsborough County, Florida (hereinafter “Defendant” or “County”), is a political subdivision of the State of Florida. The essential facts are not disputed. In 2002 and early 2003, Maverick submitted applications for signs to be posted in Hills-borough County. None of the applications were granted; some were denied, and others received no response from the County. The applications were reviewed, if at all, and processed under the County sign ordinance, Ordinance 85-19, first adopted in May 1985. Pertinent to this case, the stated intent of the sign ordinance was to prohibit the future erection of billboards and “off-site signs” as such were determined to be “detrimental to the aesthetic sense and public health, safety and general welfare of the citizens of Hillsborough County.” The ordinance provided for an amortization period for existing signs to either achieve compliance with the ordinance or be removed. Ordinance 85-19 was later incorporated into the County’s Land Development Code (Ordinance 92-5 as amended). The sign ordinance was thereafter referenced as the “sign regulations.” Maverick alleges that since at least 1999, it has sought to post advertising signs in Hillsborough County. In late 2000 or early 2001, Maverick learned that the County was contemplating reaching agreements with Clear Channel Outdoor (f/k/a Eller Media Company) and Viacom Outdoor (f/k/a Infinity Outdoor). Maverick sought to engage the County in discussions to provide it with similar opportunities to erect new signs in the County. In 2001, the County entered into settlement agreements with both of the above-mentioned companies, generally allowing them to retain billboards that existed and were legally permitted prior to 1985. The settlement agreements also permitted the relocation of these billboards, but prohibited the companies from having more billboards than existed and were legally permitted prior to 1985. Discussions with Maverick continued, but ultimately a proposed agreement was quashed by the County Commission. On May 15, 2002, Maverick submitted to the County twenty applications for permits to post signs. Ms. Kim King, a senior planning zoning technician for the County, denied each of Maverick’s applications that same day on the ground that they were for prohibited off-site signs or billboard signs. Ms. King also advised Maverick’s representatives that the applications were denied because there was no letter of authorization from a certified contractor. By Ms. King’s account, she advised Maverick that, in addition to being incomplete, their applications would not be accepted because they were for prohibited billboard and off-site signs. According to her, it was the County’s policy not to accept an application for a sign permit if it sought a type of sign prohibited under the sign regulations. No written denial was provided to Maverick. When asked for a written explanation of denial, Ms. King advised Maverick’s representatives that she could not provide one and they would have to speak with her manager. She later testified that it was not the County’s normal practice to provide an explanation in writing for those things that constituted a prohibited use under the Land Development Code. On the following day, May 16, 2002, Maverick’s representatives returned with proof that they had obtained a certified local contractor to erect the proposed signs. Mike Allgire, Ms. King’s supervisor and the manager of the permits intake processing section for the County’s planning and zoning division, met with Maverick’s representatives and informed them that their sign applications would still not be accepted because they sought off-site signs and billboard signs, which were expressly prohibited under the sign regulations. Although Mr. Allgire did not recollect whether Maverick’s representatives had requested that he provide a written denial, he indicated that he would have refused to do so had they asked. By Maverick’s representation, Mr. Allgire refused to put the denials in writing. On May 23, 2002, Maverick submitted ten additional applications for permits to post signs, all of which were denied. It appears undisputed that all the applications were for off-site advertising billboards. The circumstances of the denial or the refusal to accept is somewhat disputed. According to Maverick, their applications were complete but were denied (not accepted) by Harry Heuman, the principal planner in the County’s development services division, for the stated reason that signs with off-site messages were prohibited. At a deposition in March 2005, Mr. Heuman could not recall any specifics from May 2002. In connection with this litigation, in August 2004, Mr. Heuman submitted an affidavit stating he had reviewed the sign permit applications submitted by Maverick and concluded they were incomplete and lacked essential requirements under § 4.1.9 of the County’s Development Review Procedures Manual, and thus, “a meaningful review of the applications [was] not possible because the sign applications submitted by Maverick [were] incomplete.” In any event, no permits were granted and Plaintiffs were not previously advised that the pending applications were denied. Maverick did not appeal these denials, ostensibly because they were not in writing. On May 30, 2002, Maverick initiated this action. In July 2002, Maverick submitted approximately seventeen additional sign application packages. Ms. King accepted Maverick’s applications. By Maverick’s account, it was notified some forty-six to fifty-two days after submitting the applications that the applications were incomplete. Maverick subsequently resubmitted . the applications, and it has yet to receive a response from the County. Ms. King claims little recollection of what occurred. At deposition, she identified nineteen letters from September 2002, which were sent to the licensed contractors who applied for Maverick’s permits, notifying them why the permits were not issued. It is Ms. King’s recollection that a female representative of Maverick came into the office and completed the missing information. Regardless of the exact events, no permits were issued on these applications and there was no express denial of the permit applications. In January 2003, Maverick submitted its last batch of fifteen applications to the County. Maverick contends that all of the applications were complete at the time of submission. Maverick represents that it has not yet received a response from the County and in any event, it is undisputed that no permits were issued on these applications. Maverick also asserts that subsequent to their settlements, Clear Channel and Viacom have been permitted to post signs on applications granted under different requirements than those imposed on Maverick. The County asserts that in November 2003, the Board of County Commissioners directed its staff to review the sign regulations to ensure they were consistent with the free speech guarantees of the Florida and United States Constitutions. In November 2004, the County enacted new sign regulations, and the Board passed a resolution, which among other things, “re-nounc[ed] any intention to readopt the provisions of the Hillsborough County Sign Regulations in effect prior to the adoption.” See (Doc. 92, Ex. 4). B. The old sign regulations at issue here were contained within Article VII of the County’s Land Development Code (hereinafter “Code”) and included parts 7.00.00 through 7.06.02. The stated purpose of the sign regulations was to: A. ... establish a set of standards for the fabrication, erection, use, maintenance and alteration of signs, symbols, markings, or advertising devices within Hillsborough County. These standards are designed to protect and promote the health, safety and welfare of persons within the County by providing regulations which allow and encourage creativity, effectiveness, and flexibility in the design and use of such devices while promoting traffic safety and avoiding an environment that encourages visual blight. B. ... prohibit the future erection, placement or location of off-site, portable, billboard and certain other types of signs determined to be detrimental to the aesthetic sense and public health, safety and general welfare of the citizens of Hillsborough County; to provide a reasonable amortization time period for existing signs to achieve compliance or removal in accordance with the provisions of the regulations; to ultimately achieve a community environment that is totally free from all billboard signs, off-site signs, portable signs and certain other types of signs, through the application of reasonable regulations, amortization schedules and programs. § 7.00.02. The ordinance set forth regulations governing four categories of signs: (1) signs exempt from the permit requirement; (2) signs expressly prohibited; (3) permitted temporary signs; and (4) permitted permanent signs. See, e.g., §§ 7.01.00, 7.02.00, 7.03.00, 7.04.00. All signs required a permit issued by the Administrator unless exempted by the sign regulations. See § 7.06.01A. Signs exempt by the regulations from the permit requirement included, among others, professional nameplates and other types of occupational signs; government signs; flags, emblems, or insignia of any nation, state, or political subdivision; holiday, seasonal, or commemorative decorations that display no commercial advertising; memorial signs or tablets; directional signs in nonresidential districts; non-illuminated identification signs in residential districts; non-illuminated real estate signs; non-illuminated construction signs; and political campaign signs (with limitations). See § 7.01.00. Twenty-one categories of signs were expressly prohibited except as otherwise provided by the sign regulations. These included, among others, flags, except those of any nation, state, political subdivision or corporate flag when not used for a commercial purpose; portable signs; off-site signs; billboard signs; and signs that bore or contained statements, words or pictures of any obscene, pornographic, [or] immoral character. See § 7.02.02 (emphasis added). Also prohibited was any sign not erected, maintained, compatible with or not in compliance with county, state, or federal law. See § 7.02.01. As for permitted signs, six broad categories of signs were permitted on a temporary basis. These included, among others, building and road construction signs; subdivision signs; signs announcing public or semi-public events and functions; signs announcing temporary, seasonal and new businesses; and certain on-site flags and balloons. See § 7.03.02. Three broad categories of permanent signs were allowed: building signs in commercial and industrial districts; off-site directional signs used solely for the purpose of public service to indicate the direction or location of a major tourist destination, historic district, public institution, hospital, college, unique geographic area, or non-profit public service institution; and on-site signs. See §§ 7.04.01, 7.04.02, 7.04.03. The procedures for obtaining a sign permit were set forth in § 7.06.00. That section provided that an application for a sign permit must be reviewed pursuant to the Procedure for Issuance of a Development Permit in Part 10.01.00 of the Code and § 4.1.9 of the DRP Manual. See § 7.06.01. Thus, the procedure for obtaining a sign permit was initiated by filing an application, along with the required submittals, which were then reviewed for completeness, as prescribed in Section 4.0 of the DRP Manual. § 10.01.03. Under Section 4.0, “[p]ermit reviews for complete application submittals which were determined to be incomplete may be delayed or terminated as prescribed herein unless appropriate information is submitted to bring application into conformance with submittal requirements herein.” DRP Manual, § 4.0C. No additional guidance on incomplete applications was provided in that section. Section 4.0 did provide that [wjithin 30 business days (excluding County holidays) of receipt of a complete application, unless otherwise required herein, the Administrator shall review the proposal and decide whether to grant or deny the requested development permit. The Administrator’s decision shall be in the form of a letter sent by registered mail to the applicant. Id. at § 4.0D. Section 10.01.04 additionally required that “[tjhe Administrator’s decision shall be based on whether the proposal complies with all applicable provision of this Code and other County regulations.” Thereafter, if a permit was denied, the applicant could appeal the denial. Appeals were governed by Part 10.05.00 of the Code. See §§ 7.00.03D, 10.05.01; DRP Manual, § 4.0F. The new sign regulations (Ord. No. 04-47, § 2, adopted 11/9/04), repealed the old sign regulations in their entirety. (Doc. 118, Ex. 1 at 12 n.*). The stated purpose of the new sign regulations is as follows: To provide the minimum control of signs necessary to promote the health, safety, and general welfare of the citizens of Hillsborough County, Florida, by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by preventing unsightly and detrimental signs that would detract from the aesthetic appeal of the county and lead to economic decline and blight, by preventing signs from reaching such excessive size or numbers that they obscure one another to the detriment of the County, by ensuring good and attractive design that will strengthen the county’s appearance and economic base, and by preserving the right of free speech and expression in the display of signs. (Doc. 18, Ex. 1 at § 7.00.02). The new regulations address nonconforming signs and still contain categories of permitted, exempt, and prohibited signs, see id. at §§ 7.01.00-7.03.00, but there are notable changes and omissions in each. Off-premises signs still are prohibited, see id. at § 7.02.02(J), but billboards are not listed as such. On-premises signs are permitted, but there are maximum sign areas for building signs and maximum height requirements for ground signs. See id. at § 7.03.00(A), (B). Permits for signs must still be obtained from the Administrator. See id. at § 7.07.01(A). Permit application review and time limits are set forth within the new sign regulations. See id. at § 7.07.01(D), (E). The Administrator must grant or deny a permit application within thirty days from the date the completed application was submitted for approval, and any person denied a permit for a sign may submit a written appeal of the denial within thirty days of the denial. See id. at § 7.07.01(D), (G). The new sign regulations also include a provision that states “Any sign permitted by these Sign Regulations may display a non-commercial message.” See id. at § 7.08.00. C. A brief review of the procedural history of this case may prove useful. As noted, Maverick filed suit in May 2002 challenging the constitutionality of the County’s sign regulations. The County filed a motion to dismiss the first ten counts for lack of standing and the takings claim as unripe, and the parties filed cross-motions for summary judgment. In May 2004, a Report and Recommendation on the County’s motion to dismiss recommended that the court deny the County’s motion as to all counts except for Maverick’s takings claim. (Doc. 55). In November 2004, the district court adopted the Report and Recommendation in part, ruling that Plaintiff could challenge the effect on both commercial and non-commercial speech of the sign regulation’s provisions forbidding off-site signs and billboards, but that Plaintiff did not have standing to bring the overbreadth challenge in light of the Eleventh Circuit’s holding in Granite State Outdoor Advertising, Inc. v. City of Clearwater, Florida, 351 F.3d 1112 (11th Cir.2003) (hereinafter “Clearwater■” ). See (Doc. 83). The court also directed Maverick to file and serve an amended complaint. Id. That same month, the County enacted new sign regulations. In Decémber 2004, Maverick filed an Amended Complaint in which its owners, Messrs. Bateman, Gallup, and Manter were added as parties to the lawsuit. (Doc. 84). Pursuant to 42 U.S.C. § 1983, Plaintiffs now argue that the old sign regulations are unconstitutional under the First and Fourteenth Amendments of the United States Constitution, both facially and as applied. As Plaintiffs allege the violations: (1) the ordinance is per se unconstitutional because it favors commercial messages over non-commercial messages, particularly as related to off site signs (Count One); (2) the ordinance restricts signs’ display area size, height, number, time of display, and location without regard for the free speech interests involved and these restrictions are not narrowly tailored and do not leave open ample alternatives to advertising signs (Count Two); (3) the ordinance’s permit requirements lack necessary procedural safeguards such as circumscribing the time in which government officials must grant or deny applications (Count Three); (4) the ordinance grants government officials virtually limitless discretion in deciding whether a sign will be allowed or not (Count Four); (5) several sections of the ordinance restrict fundamental methods of speech and constitute unreasonable, overbroad, and unduly burdensome restrictions on the freedom of citizens to speak freely (Count Five); (6) the ordinance is constitutionally invalid because it permits government officials to regulate commercial and noncommercial speech without including a rationale or findings to support its prohibition of speech (Count Six); (7) the ordinance is constitutionally invalid because it prohibits far more speech than can be justified by its stated purpose or any other legitimate governmental objectives (Count Seven); (8) the ordinance’s prohibition of noncommercial off-site or billboard signs fails strict scrutiny (Count Eight); (9) several sections of the ordinance are constitutionally invalid because they favor the commercial speech of certain businesses about certain commercial topics while prohibiting other legal and truthful commercial information (Count Nine); (10) the ordinance impermissibly allows county officials to add permitting requirements on a case-by-case basis (Count Ten); (11) the County has violated Maverick’s right to equal protection by allowing the world’s two largest outdoor advertising conglomerates to erect signs identical to those for which Maverick has unsuccessfully sought to erect (Count Eleven), (12) certain provisions of the ordinance relating to criminal and civil liability are vague and ambiguous and thus violate due process (Count Twelve). See Am. Compl. (Doc. 84). Generally, Plaintiffs do not identify with particularity which specific sections of the ordinance violate the Constitution but urge the violations are sufficient to warrant a declaration that the entire ordinance is unconstitutional. Plaintiffs do not challenge any provision of the new sign regulations in their Amended Complaint. In April 2005, the parties filed their instant cross-motions for summary judgment. In December 2005, the court entered an Order (Doc. Ill) staying the proceedings pending the Eleventh Circuit’s en banc decision on rehearing in Tanner Advertising Group, L.L.C. v. Fayette County, Georgia, 411 F.3d 1272 (11th Cir.2005), vacated, 429 F.3d 1012 (11th Cir.2005), which held that a sign company had standing, under the overbreadth doctrine, to challenge those provisions of a sign ordinance that did not cause the injury alleged, i.e., those provisions under which the sign company’s permit applications were not denied. After the Eleventh Circuit rendered its en banc decision, and upon Plaintiffs’ motion, the district court reopened the case in June 2006. (Doc. 117). Thereafter, the parties each filed a supplement to their motions for summary judgment addressing the import of the Eleventh Circuit’s decisions in Tanner Advertising Group, L.L.C. v. Fayette County, Georgia, 451 F.3d 777 (11th Cir.2006) (hereinafter “TanneP’) and CAMP Legal Defense Fund, Inc. v. City of Atlanta, 451 F.3d 1257 (11th Cir.2006) (hereinafter “CAMP”). II. A. The court shall grant summary judgment for the moving party only when “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). The court may look to “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits,” in determining whether summary judgment is appropriate. Fed.R.Civ.P. 56(c). The movant bears the exacting burden of demonstrating that there is no dispute as to any material fact in the case. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Hair-ston v. Gainesville Sun Publ’g Co., 9 F.3d 913, 918 (11th Cir.1993). Once the moving party satisfies its burden, the burden shifts to the non-moving party to establish the existence of a genuine issue of material fact. See Celotex, 477 U.S. at 324, 106 S.Ct. 2548; Howard v. BP Oil Co., 32 F.3d 520, 524 (11th Cir.1994). The non-movant must designate specific facts showing a genuine issue for trial beyond mere allegations or the party’s perception. See Perkins v. Sch. Bd. of Pinellas County, 902 F.Supp. 1503 (M.D.Fla.1995). It must set forth, by affidavit or other appropriate means, specific facts showing that there is a genuine issue for trial. See Fed.R.Civ.P. 56(e). When deciding a motion for summary judgment, “[i]t is not part of the court’s function ... to decide issues of material fact, but rather determine whether such issues exist to be tried ...” and “[t]he court must avoid weighing conflicting evidence or making credibility determinations.” Hairston, 9 F.3d at 919 (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). The only determination for the court in a summary judgment proceeding is whether there exists genuine and material issues of fact to be tried. See id. at 921; see also Little v. United Techs., Carrier Transicold Div., 103 F.3d 956, 959 (11th Cir.1997). All the evidence and inferences from the underlying facts must be viewed in the light most favorable to the nonmoving party. See Combs v. Plantation Patterns, 106 F.3d 1519, 1526 (11th Cir.1997). B. By their instant motion, Plaintiffs move for summary judgment on all issues except the appropriate amount of damages and attorney’s fees to be awarded pursuant to 42 U.S.C. §§ 1983, 1988. Plaintiffs maintain that by way of the district court’s prior order on the County’s motion to dismiss, their standing is established as to Counts Five, Six, Seven, Nine, and Eleven of the Amended Complaint. As for the remaining seven counts, Plaintiffs contend they have now demonstrated standing to challenge the County’s permitting procedures and abuse of discretion in refusing to process sign applications, as well as the sign regulations in their entirety. They assert constitutional defects because (1) the sign restrictions are content-based, (2) the ordinance is an impermissible prior restraint, (3) the permitting procedures under the ordinance grant County officials impermissible discretion, (4) under Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557, 100 S.Ct. 2343, 65 L.Ed.2d 341 (1980), the restrictions on commercial speech do not implement or advance a substantial interest and are not narrowly tailored, (5) the ordinance impermissibly regulates non-commercial speech based upon content, (6) the ordinance favors commercial speech over non-commercial speech, (7) the ordinance unduly burdens fundamental methods of speech (such as residential signs), (8) the ordinance is vague and violates due process, and (9) the ordinance violates equal protection. See (Docs. 91, 93). By their supplement, Plaintiffs first argue that Tanner conclusively establishes their claims are not moot. By this argument, Plaintiffs contend they have acquired vested rights to the applied-for sign permits because the County’s actions in adopting new regulations more than two years after Plaintiffs filed suit and asserting a mootness defense constitutes bad faith under Florida law. Plaintiffs also contend that under Tanner and CAMP, their claims for damages precludes a finding of mootness. Plaintiffs contend further that CAMP supports their contentions of standing to assert a challenge to the permitting provisions of the old sign regulations and the lack of procedural safeguards thereunder, the provisions of the old regulations granting unfettered discretion to County officials to license speech, the exemptions from the permitting requirements, the equal protection claim, as well as any provisions to which they have been or would indisputably be subjected. Plaintiffs continue to maintain that they may pursue an overbreadth challenge to the old regulations. Plaintiffs also contend that the individual Plaintiffs, Messrs. Bateman, Gallup, and Manter, have a stake in the suit independent of their ownership of Maverick and that all have standing to challenge the entirety of the old sign regulations, as each was automatically subjected to them as residents of the County. Thus, Plaintiffs urge the court to enter partial summary judgment in their favor, require the County to authorize and permit Maverick to post the requested signs, establish Plaintiffs’ entitlement to at least nominal damages, and set a date for trial on all factual issues, including a determination of the proper measure of actual or general damages. See (Doc. 119). By its motion, the County moves for summary judgment as to each count of Maverick’s Amended Complaint, pursuant to Rule 56. As grounds, the County asserts generally that Plaintiffs lack standing to maintain certain challenges, their claims have become moot in light of its enactment of new sign regulations, and the old sign regulations challenged by Plaintiffs were constitutional, both facially and applied. See (Doc. 92). On the matter of standing, the County argues more particularly that the individual Plaintiffs have no standing to maintain separate claims as they have suffered no injury-in-fact and are unable to establish any injury apart from that suffered by Maverick. It urges Maverick has no standing to raise the claims in Counts Three and Ten, generally arguing that there is no standing to raise issues related to permitting. It also contends that Maverick has no standing to raise an overbreadth argument or a vagueness claim as attempted in Count Twelve. The County concedes Maverick’s standing to raise the claims in Counts One, Two, Five, Six, Seven, Eight, and Nine of the Amended Complaint, but only to the extent the counts “relate to the County’s content neutral prohibition on off-site signs, billboards, and height and size limitations.” Counts Four and Eleven are not addressed by the County’s motion. See (Doc. 92). In its supplement, Defendant argues that the application of Tanner renders moot Counts One, Three, Four, Six, Seven, Eight, Nine, Ten, and Twelve of Plaintiffs’ Amended Complaint because, at the time the Amended Complaint was filed, the new sign regulations were already in effect and certain of the challenged provisions in the old sign regulations no longer existed. Defendant also argues that Plaintiffs have no claim for damages as to those counts rendered moot by the new sign regulations; by Defendant’s argument, there can be no prospective claim for damages because the new sign regulations did not exist at the time Plaintiffs allege they were damaged. As for the prior restraint claim in Count Five, the County argues that to the extent the claim is based on a lack of time limits, the claim is rendered moot by the new sign regulations, which contain such limits. Alternatively, it argues that under CAMP, time limitations are not unconstitutional prior restraints. Similarly, as to the claims by Plaintiffs in Count Two that the sign regulations are not narrowly tailored and thus constitute an impermissible prior restraint, Defendant argues under CAMP that there is no unconstitutional prior restraint. See (Doc. 118). III. A. The court must address threshold jurisdictional issues before analyzing a plaintiffs constitutional claims. See Coral Springs St. Sys., Inc. v. City of Sunrise, 371 F.3d 1320, 1327 (11th Cir.2004). Accordingly, the issues presented on the instant motions pertaining to standing and mootness are addressed first. To demonstrate the Article III requirements of standing, a plaintiff who invokes the jurisdiction of a federal court bears the burden of demonstrating: (1) an injury in fact, one that is concrete and particularized, and actual or imminent; (2) a causal connection between the injury and the conduct complained of; and (3) a likelihood that the injury will be redressed by a favorable decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); CAMP, 451 F.3d at 1269; Bischoff v. Osceola County, Fla., 222 F.3d 874, 883 (11th Cir.2000). “Each element is ‘an indispensable part of the plaintiffs case’ and ‘must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation.’ ” CAMP, 451 F.3d at 1269 (quoting Lujan, 504 U.S. at 561, 112 S.Ct. 2130). Thus, at this stage of the litigation, Plaintiffs must set forth by affidavit or other evidence specific facts to establish standing. See id. If these requirements are met, judicially created prudential limitations may nonetheless defeat a party’s standing to maintain a suit. See CAMP, 451 F.3d at 1270. One such consideration is that a plaintiff “generally must assert his own legal rights and interests, and cannot rest his claim to relief on the legal rights of interest of third parties.” Id. (quoting Warth v. Seldin, 422 U.S. 490, 499, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975)). Under the overbreadth doctrine, however, the Supreme Court has created a limited exception to this general requirement to allow a plaintiff to challenge the facial validity of a statute on the grounds of its substantial infringement on the First Amendment interests of others not before the court. Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 505 n. 11, 101 S.Ct. 2882, 69 L.Ed.2d 800 (1981); Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 797-98, 104 S.Ct. 2118, 80 L.Ed.2d 772 (1984) (citing Thornhill v. Alabama, 310 U.S. 88, 97-98, 60 S.Ct. 736, 84 L.Ed. 1093 (1940)); CAMP, 451 F.3d at 1270. The overbreadth doctrine, however, does not relieve a plaintiff from establishing constitutional standing. CAMP, 451 F.3d at 1270. “Rather, the overbreadth doctrine simply allows a plaintiff to bring a facial challenge to a provision of law that causes [its] injury, regardless of whether the provision’s regulation of [its] conduct in particular was constitutional.” KH Outdoor, LLC v. City of Trussville, 458 F.3d 1261, 1267 (11th Cir. 2006). Applying this standard, I reach the following conclusions. (1) Regarding the standing of the individual Plaintiffs, Messrs. Bateman, Gallup, and Manter have failed to demonstrate that they have direct standing independent of their interest in Maverick. The undisputed evidence reveals that, aside from the sign permit applications at issue in this case, the individual Plaintiffs have not applied for any other sign permits in the County or put up any other signs in the unincorporated part of the County on their own behalf. See Dep. Bateman (Doc. 93, Ex. A at 66-67, 94-95); Dep. Gallup (Doc. 94-4 at 15); Dep. Manter (Doc. 94-5 at 25). The record is devoid of evidence that the individual Plaintiffs desired to post any commercial or non-commercial signs at all other than billboards of the type sought by Maverick. The individual Plaintiffs also fail to point to any political or other non-commercial speech that has been “chilled” as a result of the old sign regulations. Although they urge that as residents of the County they have a personal stake in the outcome of this litigation independent from their ownership in Maverick, the evidence does not bear that out. At this point in the litigation, the allegations in the Amended Complaint, standing alone, are insufficient. See CAMP, 451 F.3d at 1269 (quoting Lujan, 504 U.S. at 561, 112 S.Ct. 2130). Plaintiffs’ reliance on Kennedy v. Avondale Estates, Georgia, 414 F.Supp.2d 1184 (N.D.Ga.2005), is misplaced. Although the trial judge in that case noted that the plaintiffs “live and work under the City’s ordinance, and clearly have a personal stake in the outcome of the controversy,” the plaintiffs also demonstrated a desire to support political candidates by displaying signs, and one plaintiff was a real estate agent who advertised her business and the availability of her client’s property by posting signs on her client’s property. See id. at 1194-95, 1200. Evidence was also produced in that case demonstrating the city had actually enforced its sign ordinance by informing residents that they must remove signs and issuing summonses for violations. Id. at 1195-96. There is no such evidence in this case. In any event, this court is not bound by that authority. In sum, I find the individual Plaintiffs have failed to establish direct or as-applied standing independent of their interest in Maverick. I likewise conclude that the owners of Maverick have no standing independent of their interest in the sign company to assert facial challenges to provisions of the County’s old sign regulations. To paraphrase the Eleventh Circuit in CAMP, nothing in the overbreadth doctrine allows a plaintiff to challenge provisions wholly unrelated to his activities; rather, a plaintiff must show that he has sustained or is immediately in danger of sustaining a direct injury as the result of each provision in the sign ordinance. CAMP, 451 F.3d at 1274 (quoting Laird v. Tatum, 408 U.S. 1, 13, 92 S.Ct. 2318, 33 L.Ed.2d 154 (1972)). Further, What a plaintiff must prove to establish standing “depends on the nature of the challenge to his or her standing.” Bóch-ese, 405 F.3d at 976. The Supreme Court has “long held that when a licensing statute allegedly vests unbridled discretion in a government official over whether to permit or deny expressive activity, one who is subject to the law may challenge it facially without the necessity of first applying for, and being denied, a license.” City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 755-56, 108 S.Ct. 2138, 100 L.Ed.2d 771 (1988). The challenged provision “must have a close enough nexus to expression, or to conduct commonly associated with expression, to pose a real and substantial threat of the identified censorship risks.” Id. at 758, 108 S.Ct. 2138. If it is “one who is subject to,” id. at 755, 108 S.Ct. 2138, or imminently will be subject to, the provisions that allegedly grant unbridled discretion, then CAMP has standing to challenge those provisions. CAMP, 451 F.3d at 1274. Where as here, a plaintiff alleges that a statute grants unbridled discretion, a plaintiff must demonstrate he is or may be “subject to” the provision to establish a constitutional injury. See id. at 1275 (quoting Lakewood, 486 U.S. at 755-56, 108 S.Ct. 2138). Here, regardless of which provisions of the old regulations the individual Plaintiffs challenge as granting unfettered discretion to County officials (and it is not at all clear by the Amended Complaint which ones these are), they do not have standing to facially challenge them. Messrs. Bateman, Gallup, and Manter have failed to demonstrate that they are “subject to” the provisions of the old sign regulations that allegedly grant unbridled discretion to officials. They offer no testimony establishing that they have applied for a sign permit or intended to apply for one independent of their interest in Maverick or were otherwise likely to be subjected to the unbridled discretion of the County under the old regulations. The individual Plaintiffs also failed to present evidence demonstrating their standing to bring facial challenges to provisions of the old sign regulations that allegedly impose unconstitutional prior restraints. As instructed by the court in CAMP, to establish an injury in fact under Lujan based on chilled expression, a plaintiff must show either that it was threatened with prosecution, prosecution is likely, or there is a credible threat of prosecution. See CAMP, 451 F.3d at 1276. Additionally, when challenging a prior restraint on speech, the plaintiff must show that the challenged provisions pertains to its activities, and not merely that it is “subject to the law.” See id. (quoting Lakewood, 486 U.S. at 755-56, 108 S.Ct. 2138). Here, Messrs. Bateman, Gallup, and Manter have presented no evidence that any of the challenged provisions in the old sign regulations apply to the permits they seek because there is no evidence that they have sought permits or intended to seek permits aside from those sought by Maverick. Moreover, the Plaintiffs point to no provision in the old regulations addressing the threat or potential threat of prosecution. Accordingly, for the reasons set forth above, I recommend that the court grant Defendant’s motion for summary judgment on all claims asserted by the individual Plaintiffs who lack standing apart from their interests as owners of Maverick. (2) Regarding Maverick’s standing to bring this action, here it is undisputed that the first two groups of applications for sign permits were rejected by the County on the basis that they sought prohibited off-site, billboard signs. As for the last two submissions, it is undisputed that each application sought a permit for an off-site billboard and that the County neither expressly granted nor denied any of the applications. Maverick therefore, demonstrates their standing to raise as-applied challenges to the provisions of the old sign regulations prohibiting off-site and billboard signs, §§ 7.02.02(P) and (Q). As vendors of signs that promote commercial and non-commercial messages, Plaintiff has arguably suffered an injury-in-fact by way of the County’s blanket denial and/or refusal to consider the permit applications by reason of the off-site and/or billboard prohibitions. Additionally, the permit-denials (express and implied) undoubtedly were caused by the conduct complained of, and, if Plaintiff succeeds on the merits, its injury likely would be redressed by a favorable decision (e.g., actual or nominal damages as addressed below). Accordingly, Plaintiff has standing to directly challenge those provisions of the sign regulations related to the off-site and billboard provisions. Plaintiff may also facially challenge the effect of such provisions barring off-site signs and billboards on both commercial and non-commercial speech as such challenges are raised in Counts One, Two, Six, Seven, and Eight. See KH Outdoor, LLC, 458 F.3d at 1267. Under recent case law in this circuit, Plaintiff fails to establish standing to argue either an as-applied or a facial challenge of the provisions that it alleges grant unbridled discretion to County officials as alleged in Counts Three, Four and Ten. By Count Three, Plaintiff challenges the permitting requirements contained in the old regulations that allegedly lack necessary procedural safeguards, such as the time within which County officials must grant or deny permit applications and a provision allowing the applicant to post its requested sign if the permit is not granted or denied within a limited time. (Doc. 84 at 23, ¶ 70). In Count Four, Plaintiff challenges certain provisions of the old regulations that allegedly grant unbridled discretion in determining whether or not a sign permit will issue. The allegations would appear directed at provisions süch as the following which permit impermissible discretion to County official in determining whether an exemption applies: § 7.04.02(A) (permitting the County Administrator to determine whether an off-site directional sign is exempted from the general off-site ban); § 7.01.00(D) (which fails to include objective standards to determine what content qualifies as holiday, seasonal or commemorative decoration); 7.01.00(R) (which fails to contain objective standards as to what groups fall within public, charitable, educational or religious institutions); 7.02.02(R)(1) (which allows officials discretion to determine whether a sign is obscene); 7.03.02(D) (which fails to reference what types of signs qualify as “public” or “semi-public” signs); and 7.03.02(F) (which gives officials discretion to determine whether flags and balloon signs “may” be temporarily permitted). See (Docs. 84 at 15, ¶ 40; 93 at 7-8, 119 at 6-7). In Count Ten, Plaintiff complains that County officials have unfettered discretion to add permitting requirements on a case-by-case basis and did in fact do so with respect to Maverick’s applications. Here, the particular additional requirements allegedly imposed on the Plaintiff are not set forth with specificity, although Maverick does suggest generally that it was required to submit more information than its competitors, Clear Channel and Viacom, once they reached settlements with the County. Where a licensing statute allegedly grants unbridled discretion in a government official over whether to permit or deny expressive activity, “one who is subject to” or “imminently will be subject to” the provision may challenge the law facially even without the necessity of having first applied for and been denied a license. See CAMP, 451 F.3d at 1275 (citing Lakewood, 486 U.S. at 755-56, 108 S.Ct. 2138). Despite this seemingly liberal grant of standing, Maverick has no standing to contest the alleged lack of time requirements or those provision purportedly allowing County officials unbridled discretion in the permitting process as it has not been “subject to” these provisions. This is so because all of Plaintiffs permit applications were for billboards. This fact is significant because billboard signs were categorically barred under the old sign regulations. County officials had no discretion in denying these permits and Maverick’s application were wholly unaffected by the allegedly offending provisions. Contrary to its assertions, Plaintiffs circumstances differ from those in CAMP, where government officials had (unbridled) discretion in granting festival permits of the type CAMP demonstrated it could and would lawfully seek and where the applicable provisions of the ordinance lacked the necessary criteria to channel the officials’ discretion. Here, County officials did not have to consider whether the applicant fell within an exemption because the old regulations allowed for no exemptions for the type of billboards that Maverick sought to post. To the extent that the County modified the permit application process in favor of Clear Channel or Viacom as a consequence of their settlements, the facts may help support Plaintiffs equal protection claim, but I do not think that they support the argument that the old regulations permitted officials to add or change the permit application requirements on Maverick. Rather, the applications Plaintiff submits to support these allegations reveal that Clear Channel, Viacom, and other entities who had legally existing billboards prior to 1985 and a settlement regarding such with the County may not have received the same type of review as did Maverick’s applications because their applications were for “structural review only.” (Doc. 73, Exs. C, D). While Maverick’s challenge to the permitting procedures is more problematic under the Amended Complaint because the County did accept two batches of Maverick’s permit applications that it has yet to respond to, that does not negate the fact that the billboards sought by these applications were likewise prohibited under the old regulations. To this end, the County persuasively argues that Maverick cannot attempt to establish standing by continuing to submit applications (even if accepted and not denied) for signs that it knew were prohibited. By the persuasive authority in this circuit, that Plaintiff sought to post only banned billboards forecloses its ability to challenge permitting provisions or exemptions to which it was not subject and therefore it cannot show the necessary injury in fact. See, e.g., CAMP, 451 F.3d at 1274-75; Granite State Outdoor Adver. Inc. v. City of Ft. Lauderdale, 194 Fed. Appx. 754, 756-58 (11th Cir.2006) (unpublished); Granite State Outdoor Adver., Inc. v. Cobb County, 193 Fed.Appx. 900, 905-06 (11th Cir.2006) (unpublished); Advantage Adver., LLC v. City of Hoover, 200 Fed.Appx. 831, 834-35 (11th Cir.2006) (unpublished). Plaintiff also fails to demonstrate standing to facially challenge the old regulations as alleged in Count Five. By that count, Plaintiff cites City of Ladue v. Gilleo, 512 U.S. 43, 58, 114 S.Ct. 2038, 129 L.Ed.2d 36 (1994), and broadly alleges that several sections of the old regulations place an unconstitutional burden on property holders, such as the individual Plaintiffs, to communicate commercial or non-commercial speech. It appears that Plaintiff here takes umbrage with several sections of the ordinance including §§ 7.02.02(C) (prohibiting banners, pennants, festoons, searchlights, twirling signs, sidewalk or curbside signs, balloons or other gas-filled figures, or other inflatable signs), § 7.02.02(D) (prohibiting flags, except those of any nation, state, political subdivision, or corporate flag when not used for a commercial purpose), and §§ 7.04.03(A),.(B)(l)-(3) (setting forth general regulations applying to on-site signs). See (Doc. 93 at 16). By its argument, these provisions render the ordinance overbroad and leave virtually no avenue by which citizens can speak freely on signs. Beyond the fact that I have found that the individual Plaintiffs have no standing as such, neither they nor Maverick offer any evidence to establish that they have suffered or will suffer an injury under these or similar provisions. Likewise, Plaintiff fails to demonstrate standing to facially challenge the old regulations as alleged in Count Nine. By this count, Plaintiff alleges that several sections of the old regulations are invalid because they favor the commercial speech of certain businesses about certain commercial topics while prohibiting other legal and truthful commercial information. (Doc. 84 at 29-30, ¶ 95). Thus, Plaintiff appears to complain that County officials have the discretion to allow signs for favored businesses or causes, and they cite to §§ 7.04.02(A)(1) (generally allowing “off-site directional signs” but only if content “indicate[s] the direction or location of a major tourist destination, historic district, public institution, hospital, college, unique geographic area or non-profit public service institution”); 7.04.02(B) (off-site directional ground signs); and 7.04.02(C) (off-site directional pole signs). See (Doc. 93 at 12-13). All such off-site directional ground and pole signs are restricted as to size. See §§ 7.04.02(B)(6) (off-site directional ground signs may have an aggregate sign surface area of 72 square feet, but no single sign face may exceed 36 square feet in aggregate sign surface area); 7.04.02(C)(6) (total height of any off-site directional pole sign and the sign structure upon which it is mounted shall not exceed 16 feet, as measured from the pavement edge to the highest point of the sign structure). Here, the only evidence Plaintiff submitted reveals that it sought to post only industry standard billboards, the sizes of which greatly exceed those required for off-site directional ground or pole signs. Thus, Plaintiff fails to provide any evidence, by affidavit or otherwise, that it is subject to those provisions for permitted off-site signs and is therefore unable to show an actual or threatened injury-in-fact. Plaintiff demonstrates standing to bring its equal protection claim set forth in Count Eleven. By that count, Plaintiff contends that the County’s determination that Viacom and Clear Channel may erect signs identical in all respects to those applied for by Maverick violates their right to equal protection. Plaintiff arguably has suffered an injury-in-fact because it is unable to post its off-site billboards while Viacom and Clear Channel have been able to post the same. There is a causal connection between the injury and the complained of conduct, and, if Plaintiff succeeds on the merits, its injury would likely be redressed by a favorable decision. Finally, I conclude that Plaintiff fails to establish standing to bring the due process claim asserted in Count Twelve. By that count, Plaintiff challenges § 7.02.02(R)(1) of the old sign regulations, which prohibited any sign that “bears or contains statements, words or pictures of any obscene, pornographic, [or] immoral character.” See (Doc. 91 at 16). Plaintiff again fails to provide evidence demonstrating that it was injured under that provision. Further, because Plaintiffs permit applications were denied on the basis that it sought prohibited offsite and/or billboard signs, neither a causal connection nor redressability can be established. Upon these findings and conclusions, I recommended that the court grant Defendant’s motion for summary judgment and deny Plaintiffs’ motion for partial summary judgment as they relate to Counts Three, Four, Five, Nine, Ten, and Twelve. B. As noted above, Defendant claims that the County’s adoption of the new sign regulations, which repealed the old sign regulations, renders moot Counts One, Three, Four, Six through Ten, and Twelve of the Amended Complaint. Plaintiff counters that its claims are not moot because it had acquired vested rights in the sign permits and its claim for damages precludes a finding of mootness. Because Article III of the Constitution requires that there be a live ease or controversy at the time the federal court decides a case, the doctrine of mootness provides that “[t]he requisite personal interest that must exist at the commencement of the litigation (standing) must continue throughout its existence (mootness).” Tanner, 451 F.3d at 785 (quoting U.S. Parole Comm’n v. Geraghty, 445 U.S. 388, 397, 100 S.Ct. 1202, 63 L.Ed.2d 479 (1980)). This is a threshold issue; if a suit is moot, it cannot present an Article III case or controversy, and the court lacks subject matter jurisdiction to entertain it. Seay Outdoor Adver., Inc. v. City of Mary Esther, 397 F.3d 943, 946 (11th Cir.2005) (citing Coral Springs St. Sys., Inc., 371 F.3d at 1328). Mootness can occur due to a change in circumstances or a change in the law. Id. “When a party challenges a law as unconstitutional and seeks only declaratory and prospective injunctive relief, a ‘superseding ... regulation moots a case ... to the extent that it removes challenged features of the prior law.’ ” Crown Media, LLC v. Gwinnett County, Ga., 380 F.3d 1317, 1324 (2004) (quoting Coalition for the Abolition of Marijuana Prohibition v. City of Atlanta, 219 F.3d 1301, 1310 (11th Cir.2000)). There are, however, exceptions to mootness. For example, if a plaintiff has a vested property right in a sign or permit [application], it constitutes an enforceable entitlement unaffected by subsequent changes in sign regulations and may keep a constitutional challenge to repealed regulations from becoming moot. Crown Media, LLC, 380 F.3d at 1325. Additionally, when a plaintiff seeks damages as opposed to only declaratory or injunctive relief, changes to the challenged regulations may not necessarily moot the plaintiffs constitutional challenge to the regulations. Crown Media, LLC, 380 F.3d at 1325 (citing Clearwater, 351 F.3d at 1119, and Naturist Soc’y, Inc. v. Fillyaw, 958 F.2d 1515, 1519 (11th Cir.1992)); Clearwater, 351 F.3d at 1119 (recognizing that “[b]ecause Granite State has requested damages ... the changes made to the ordinance do not make this case moot.”). Plaintiff urges that Tanner conclusively establishes that its claims are not moot. First, this is so because Maverick claims a vested property right in the permits for which it applied. As stated in Tanner: “A party’s vested property rights constitute an enforceable entitlement to a permit or a sign unaffected by subsequent changes in sign ordinances and may keep a constitutional challenge to a repealed sign ordinance from becoming moot under federal law.” Tanner, 451 F.3d at 787 (quoting Crown Media, LLC, 380 F.3d at 1325). Plaintiff contends that the County’s adoption of the new sign regulations two years after it filed suit so as to moot its claims is a clear display of bad faith, which under Florida law gives it vested rights in the permits. By this argument, given its vested property rights in the permits, if the old sign regulations are determined to be unconstitutional, the new sign regulations would not bar this court from ordering the County to allow Maverick to post the signs for which it had applied for permits. Secondly, Plaintiff argues that Tanner reaffirms the well-established rule that its claim for damages precludes a finding of mootness. By this rule, “[w]hen a plaintiff requests damages, as opposed to only declaratory or injunctive relief, changes to or repeal of the challenged ordinance may not necessarily moot the plaintiffs constitutional challenge to that ordinance.” Tanner, 451 F.3d at 785 (quoting Crown Media, LLC, 380 F.3d at 1325). To the contrary, the County argues that Tanner and other binding precedent confirms its argument that all but Counts Two and Eleven of the Amended Complaint have been rendered moot by the adoption of the new sign regulations because “[o]r-dinarily, ‘a challenge to the constitutionality of a statute is mooted by repeal of the statute.’ ” Tanner, 451 F.3d at 785 (quoting Coral Springs St. Sys., Inc., 371 F.3d at 1329). The County advances three arguments in further support of its position. First, it argues that the voluntary cessation doctrine does not save Plaintiffs claims from being moot because the evidence demonstrates that the County will not reenact the old sign regulations. Second, relying on Coral Springs St. Sys., Inc., Seay Outdoor Adver., Inc., and National Advertising Co. v. City of Miami, 402 F.3d 1329 (11th Cir.2005), Defendant contends that Plaintiff cannot establish that its claims are justiciable because it does not have vested right in its sign permit applications. By this argument, the County claims that Plaintiff cannot demonstrate that it acted in good faith reliance upon any act or omission of the County and it is unable to demonstrate that the County acted in bad faith. Substantively, the County urges that Plaintiffs claims are moot because the new regulations eliminated all of Plaintiffs alleged concerns, including any content-based distinctions and any alleged preference for commercial over non-commercial speech. Regarding Plaintiffs claim for damages, the County, citing Tanner, appears to argue that Plaintiffs claim for damages on counts raising facial challenges to provisions of the old sign regulations that were corrected by the new sign regulations are barred. Addressing the County’s contentions, given the record before the court, it is correct that in the circumstances of this case, the doctrine of voluntary cessation does not save Plaintiffs claims from a mootness determination regardless of the delay in repealing the old sign regulations. The determination of whether the repeal of a law'will lead to a finding that the challenge to the law is moot “depends most significantly on whether the court is sufficiently convinced that the repealed law will not be brought back.” See Coral Springs St. Sys., Inc., 371 F.3d at 1331. Here, what little evidence there is in the record favors the County. Thus, the Defendant offers some proof that there is no reasonable likelihood that the challenged regulations will be reenacted as evidenced by a resolution adopted by its Board of County Commissioners affirming that it will not reenact the old sign regulations or any sign regulations in violation of the First Amendment, see (Doc. 92, Ex. 4), and Plaintiff does not contend otherwise. Here, while I find that the resistance to and the delay in the County’s repeal of the old sign regulations are reasons to take pause on this issue, case law dictates that governmental entities “have been given considerably more leeway than pr