News & Analysis as of

Municipalities First Amendment

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

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Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Tucker Arensberg, P.C.

Federal Court of Appeals Rules Pennsylvania Borough’s Ordinance Regulating Political Yard Signs is Unconstitutional

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In Camp Hill Borough Republican Ass’n v. Borough of Camp Hill, 2024 U.S. App LEXIS 11300 (3rd Cir., May 9, 2024), a three-judge panel of the United States Court of Appeals for the Third Circuit declared portions of Camp Hill...more

Hudson Cook, LLP

New York Amends Credit Card Surcharge Statute

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As the Kansas City Chiefs were winning the big game, New York made a big change to its law governing credit card surcharges. While definitions of the term may vary, a "surcharge" is generally understood to mean a higher...more

Bricker Graydon LLP

The Latest on Ballot Issues: HB 140 and AOS Campaign Guidance

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While Ohio municipalities generally do not rely on voted ad valorem property taxes as a primary source of funding, such taxes can serve as a useful part of a municipality’s revenue base, and state law, principally in Ohio...more

Tucker Arensberg, P.C.

Dissident Board Member Not Deprived of Civil Rights by Cold Shoulder of Majority

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Kathleen Wright Croft v. Donegal Township, 2021 WL 1110567 (W.D. Pa. 2021) (A township supervisor’s motion for a preliminary injunction against her fellow supervisors was denied upon finding that she was not deprived of...more

Best Best & Krieger LLP

Cities are Not Liable for Lessees’ Exercise of Choice in Speakers

Ninth Circuit Affirms Limits on Private and Municipal Liability for First Amendment Violations - The U.S. Ninth Circuit Court of Appeals affirmed that it takes more than some joint action with the government for a private...more

Farrell Fritz, P.C.

Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings

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In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create rules of decorum at Town Board meetings and seeks to prohibit inappropriate behavior during board meetings, a Town...more

Best Best & Krieger LLP

An Extraordinary Smackdown of an Ordinary Sign Ordinance

Court Invalidates Common Sign Ordinance on First Amendment Grounds - A federal appeals court cited the First Amendment in invalidating some portions of the City of Troy, Mich.’s sign ordinance that are very common to many...more

Parker Poe Adams & Bernstein LLP

Appeals Court Upholds Municipal Ban on Asking Applicants About Salary History

When looking for reasons to explain the persistent salary gap between male and female employees, worker advocates have focused on initial pay negotiations during the hiring process. If new female employees’ salaries are set...more

Seyfarth Shaw LLP

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

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Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Farrell Fritz, P.C. on

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Tucker Arensberg, P.C.

Municipality’s Retaliation against Newspaper for Unfavorable Press Leads to Civil Rights Claim

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Press and Journal, Inc. v. Borough of Middletown, Civil Action No. 1:18-CV-2064 (M.D. Pa. 2018) (Borough faces a civil rights claim for retaliation against newspaper for unfavorable press coverage). BACKGROUND - The...more

Littler

Seventh Circuit Deflates Scabby the Rat's Ego and What it Means for Employers

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“Scabby the Rat” reared its inflatable rodent head last month in the United States Court of Appeals for the Seventh Circuit. In Constr. & Gen. Laborers’ Union 330 v. Town of Grand Chute, No. 18-1739 (7th Cir. Feb. 14, 2019...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Scabby the Rat Headed for a Deflating Experience?

Construction employers and general contractors are all too familiar with Scabby the Rat. The inflatable rat - appearing in sizes of up to a reported 30 feet tall - has infested construction job sites as part of trade union...more

Proskauer - Advertising Law

San Francisco City Ordinance Takes a Hard Hit in Ninth Circuit Soft Drink Lawsuit

Can an en banc decision of a federal appellate court be controversial even when every single active judge of that court agrees with the outcome? The answer is emphatically yes, as confirmed by the Ninth Circuit’s January 31,...more

Best Best & Krieger LLP

[WEBINAR] Enforcement of Solicitation/Panhandling Regulations and Overview of SB 946 (Sidewalk Vending)

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The recent invalidation of the City of Sacramento’s aggressive solicitation ordinance in SRCEH v. City of Sacramento illustrates the dilemma faced by cities when trying enforce regulations that affect free speech rights. This...more

Best Best & Krieger LLP

Laws Regulating Campaign Contributions Must Be Narrowly Tailored to Combat Corruption - Ninth Circuit Holds That States Have an...

State limits on individual and party contributions to candidates and election-related groups do not violate the First Amendment, the Ninth Circuit U.S. Court of Appeals recently ruled....more

Best Best & Krieger LLP

Public Comment Time Limit OK'd by Court - Alexander Brand Discusses California Appellate Court Ruling in PublicCEO

Does your agency place a time limit on public comments at meetings? So long as time restrictions placed on public comment periods are reasonable and don’t violate state or federal law, the Second District Court of Appeal,...more

Robins Kaplan LLP

Following SCOTUS’ Lead, the Ninth Circuit Strikes Down a Ban on “Disparaging” Ads

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A three-judge panel of the Ninth Circuit has ruled that Seattle violated the First Amendment by banning “disparaging” ads on city buses....more

Best Best & Krieger LLP

Public Bus Ad Gets A Free Ride - County Cannot Prohibit Ad Content Solely Because It’s Disparaging Or Potentially Disruptive,...

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A county violated the First Amendment by refusing to display an advertisement related to global terrorism on its public buses, the U.S. Ninth Circuit Court of Appeals held....more

Best Best & Krieger LLP

Public Entities Can Limit Public Comment Speaking Time at Meetings - California Appellate Court Finds Limit Did Not Violate Brown...

Public entities can place reasonable time restrictions on public comment at their meetings as long as the time restrictions do not violate state or federal law, a California appellate court said in a fairly sweeping decision....more

Best Best & Krieger LLP

City Can’t Restrain Employee’s Critical Comments - Ninth Circuit Holds It Is OK to Speak on Matters of Public Concern as a Private...

A city employee’s comments at a public event were not protected under the First Amendment because she spoke as a public employee, not a private citizen, a federal appeals court held in Barone v. City of Springfield. However,...more

Farrell Fritz, P.C.

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

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Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. ...more

Robinson+Cole RLUIPA Defense

Satanists Sue Scottsdale, AZ Over Legislative Prayer Policy

The Satanic Temple and one of its members, Michelle Shortt, are suing the city of Scottsdale, Arizona and individual municipal officials in federal court, alleging that a Satanist was denied the opportunity to open a City...more

Best Best & Krieger LLP

Government Actions are Not Protected Speech Under California Anti-SLAPP Law - Appellate Opinion Stems from Disputed Construction...

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When a government entity issues a construction permit, that is government action not protected by California’s anti-SLAPP law — which extends only to constitutionally protected exercises such as “free speech” — the California...more

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