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Question: Standing to Sue. Lamar Advertising of Penn, LLC, an outdoor advertising business, wanted to erect billboards of varying sizes in a multiphase operation throughout the town of Orchard Park, New York. An Orchard Park ordinance restricted the signs to certain sizes in certain areas, to advertising products and services available for sale only on the premises, and to other limits. Lamar asked Orchard Park for permission to build signs in some areas larger than the ordinance allowed in those locations (but not as large as allowed in other areas). When the town refused, Lamar filed a suit in a federal district court, claiming that the ordinance violated the First Amendment. Did Lamar have standing to challenge the ordinance? If the court could sever the provisions of the ordinance restricting a sign's content from the provisions limiting a sign's size, would your answer be the same? Explain. [Lamar Advertising of Penn, LLC v. Town of Orchard Park, New York, 356 F.3d 365 (2d Cir. 2004)]
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