Case 2:08-cv-04920-CAS-CT Document 303 Filed 08/26/10 Page 36 of 57 Page ID #:10038
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efficiency and regulating the drayage market. Id. at 1055-56.
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On remand, this Court enjoined the provision, finding that “based on the holding
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of the Ninth Circuit, and because it appears that this provision is addressed to concerns
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unrelated to motor vehicle safety, the Court finds that ATA is likely to succeed on the
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merits in showing that the provisions of the POLA Concession Agreement dealing with
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the independent operator phase-out are preempted under the FAAA Act, and do not fall
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within the scope of the safety exception.” Am. Trucking Ass’ns, 2009 WL 1160212, at
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* 7. For the same reasons, the Court again finds that the provision does not fall within
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the safety exception. ii.
The Off-Street Parking Provision
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The Ninth Circuit previously addressed this requirement, finding that:
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it is likely that the on-street parking ban in the Port of Los Angeles
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Concession Agreement is not genuinely responsive to safety. While
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restrictions on parking could be responsive to the safety of drivers and
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individuals in the surrounding neighborhoods in some sense (though it is
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not clear how), the Port of Los Angeles bans trucks from parking legally
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on streets where other trucks are free to park. Thus, any potential safety
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rationale for restricting on-street parking is seriously undermined, and it is
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likely that this provision would not withstand scrutiny.
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Am. Trucking I, 559 F.3d at 1056-1057. On remand, this Court subsequently enjoined
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the provision, finding that “the parking provisions contained within the Concession
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agreements are insufficiently related to motor vehicle safety so as to fall within the
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safety exception.” Am. Trucking, 2009 WL 1160212, at *10. While POLA puts forth
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some evidence that this provision is responsive to safety by removing trucks from
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residential streets where they may block sight lines and make the neighborhoods less
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dangerous for children, the Court finds that the provision was predominantly enacted for
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community relations reasons, to mollify residents in the area surrounding the Port who 36