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Recent Posts
- Need for Constitutional Amendment in Missouri to Protect Women’s Right to an Abortion
- Preserving Sequoito Park and the Galloway Creek Greenway
- Common Sense on the Galloway Village Creek Zoning Referendum
- U. S. Supreme Court Requires Legislative Authority for the Federal Government to Impose Mandate on Certain Employers for Covid 19 – Vaccination Or Test
- Under Title VII Employer Cannot Discriminate Against Homosexual Or Transgender Employees
- Public Aid Program For Schools Based On Constitutional Provision That Barred Aid For Religious Schools Violated the Establishment Clause When There Was Public Aid For Private Institutions
- Civil Rights And Local Government
- Liability of City Officials
- Missouri Supreme Court Recognizes Sex Discrimination Claim Based On Sex Stereotyping And Failure To Accommodate Transgender Student Who Wanted To Use Boys Bathroom In School
- Ethics and Conflict of Interest
- Sunshine Law – Knowing or Purposeful Violation
- Important Zoning Cases In 2018-2019
- How Does Missouri Law Compare To Minnesota Ban On Apparel Containing Messages Inside Voting Area that Was Declared Unconstitutional
- Masterpiece Cakeshop Not Required To Bake Wedding Cake For Gay Couple
- Search Warrant Required To Track Suspect Using Cell Phone/Tower Technology
- Sanctuary Cities – Federal Government Does Not Have Authority To Condition Grants To State And Local Government Based On Compliance With Federal Sanctuary City Policies
- Pay Plan That Uses Prior Pay For Starting Pay Discriminates Against Women Under The Equal Pay Act
- Does Title VII of the Civil Rights Act Prohibit Employment Discrimination Based on Sexual Orientation?
- Search Warrant Not Required to Search Abandoned Cell Phone
- High Speed Police Chase Highlights The Need For Risk Management Training
- No Constitutional Right To Grow Marijuana
- Sex Stereotyping Is Gender Discrimination
- Eastern District Issues Landmark Decision Upholding The Power Of Home Rule Cities To Tax Without A Grant From General Assembly
- Eighth Circuit Upholds Minnesota Law Prohibiting Robocalls
- Westboro Baptist Church Redux
- Harris–Stowe State University Gets Hit With Five Million Dollar Racial Discrimination Lawsuit
- The United States Supreme Court Clarifies Law Of Regulatory Takings
- Internet Is Ultimate Free Speech Forum
- Missouri Constitution Does Not Prohibit A Religious Institution From Participating In Program that Provided Playground Safety Materials From Recycled Tires
- No Search Warrant Required To Search Cell Phone If There Are Exigent Circumstances
- Drug Testing For All Students Violates Constitution
- Sanctuary Cities/Counties and Trump’s Executive Order
- Can the Police Search a Magnetic Tape on the Back of a Credit, Gift or Debit Card Without Obtaining a Search Warrant?
- Free Speech and City Ordinances
- Shaming – A New Way To Ferret Out Liars About Military Honors
- Stun Guns – Right To Bear Under The Second Amendment and The Use Of Excessive Force
- Monarch Fire District Trapped In Perpetuity By Evergreen Clause
- Post-election Review of Ballot Titles
- Right of free speech and association trump do not overrule “fair share” obligation to pay union dues
- Determination by the Army Corps of Engineers that Property Contains Waters of the United States Is Subject to Immediate Judicial Review
- City Can Establish Rules For Decertification of Police Union
- Gun rights advocates react with anger to the recent Missouri Supreme Court decision holding that nonviolent felons are prohibited from possession of firearms
- Felon-In-Possession Of Firearms Is Constitutional – Survives Strict Scrutiny Test
- UNPRECEDENT SUSPICIONLESS DRUG TESTING PROGAM IS CONSTITUTIONAL FOR ALL STUDENTS AT LINN STATE
- ALL ABOUT SEX – DISMISSAL OF EMPLOYEE BASED ON SEXUAL PREFERENCE
- Supreme Court Dooms Red Light And Speeding Enforcement Using Cameras
- CITY OF MOLINE ACRES EXCORIATED FOR EXTRA JUDICIAL ENFORCEMENT OF SPEEDING ORDINANCE
- Adoption of Constitutional Amendment did not Change Existing Law
- Missouri Supreme Court Lays Waste to the Constitutional Amendment Guaranteeing the Right to Farm
- Stop – Red Light and Speeding Cameras
- Nondiscriminatory Internet rules that prohibit blocking, throttling and paid prioritization
- Right of Judges to personally solicit campaign contributions.
- Non-members Of Union Do Not Have A Right To Vote On Collective Bargaining Agreement.
- How Long Can A Dog Wait Before It Gets To Sniff?
- Copyrighted material is protected from copying and redistribution under the Sunshine Law
- Right of free speech and association trump “fair share” obligation to pay union dues
- What constitutes a fair public hearing?
- E-VERIFY ORDINANCE REPEALED AFTER LAWSUIT
- Thirty-five Foot Buffer Zone For Abortion Clinics Unconstitutional.
- Truthful testimony under oath about fraud is protected by free speech about
- Police Cannot Search Cell Phone Without A Warrant
- Right to farm – constitutional amendment
- Introduction of “kill switches” on cell phones dramatical reduces theft
- How to stop cell phone theft now
- Prayer at the beginning of Council meeting constitutional
- Court adopts “contributing factor” test to determine discrimination against employee for filing Workers Compensation claim
- D. C. Court of Appeals Invalidates FCC Internet Discrimination Rules
- Court will not read terms into collective bargaining agreement
- Set back for red light camera ordinances
- HOW DO YOU DETERMINE THE DIFFERENCE BETWEEN A TAX AND FEE?
- Ellisville Red Light Camera Case Sets Stage for Review by Supreme Court
- Cannot ban distribution of bibles at Twin Cities Pride Festival
- Photo Red Light Camera Cases
- UNPRECEDENTED DRUG TESTING PROGAM FOR ALL STUDENTS AT LINN STATE REJECTED BY THE COURT
- Deaf Nursing Student Wins ADA Case
- Cole County Circuit Court enjoins telecommunications and broadband bills
- Court upholds authority of St. Louis to enact red light camera ordinance.
- Port Authority cannot condemn land for economic development purpose.
- Does a drug dog get a “free air sniff?
- WESTBORO BAPTIST CHURCH CHALLENGE TO MISSOURI FUNERAL PICKETING LAW
- IMPORTANT 2012 CASES AFFECTING HUMAN RESOURCE POLICIES
- FREE SPEECH AND PROHIBITION OF DISTRIBUTION OF INFORMATION
- NURSING STUDENT ENTITLED TO ASL INTERPRETER
- Firing of employee who requested time off for organ transplant violated the public policy exception to the at-will-employment doctrine
- TRILOGY OF CASES CHANGE MISSOURI PUBLIC SECTOR LABOR LAW
- E-MAIL POLICY
- Westboro Baptist Church Loses Challenge to Ordinance Prohibiting Picketing of Funeral Service
- New Rules – Red Light Photo Camera Update
- Sex Harassment
- Challenges to Initiative Petitions Limited
- Court and Voters Reject Challenge to Springfield Indoor Clean Air Act
- Stolen Valor Act and Congressional Medal of Honor
- Springfield E-verify Ordinance – Dead On Arrival
- Search and Seizure In World Without Walls
- Creve Coeur Case Becomes Final
- Puppy Mill Legislation May Backfire On General Assembly
- City Required to return Firearm or Provide Due Process Hearing
- Restricting Adult Entertainment
- Discrimination on the Internet – Net Neutrality
- Creve Coeur Photo Red Light Ordinance Upheld
- A Bit Player – Civil Rights Movement
- Westboro Baptist Church – Beginning of the End for Picketing of Funerals?
- SOCIAL MEDIA POLICY
- TAX CREDITS FOR PRIVATE SCHOOL TUITION
- CONDITIONAL USE PERMIT – AUTHORITY TO DENY
- SAVING GOONEYBIRD – A LOST QUAKER PARROT
- Fighting For Your Clients
- Prohibiting The Sale of Alcohol In Family Movie Theaters
- Springfield Clean Air Ordinance Challenged in Court
- Is the St. Louis Red Light Camera Ordinance Valid?
- Supreme Court Invalidates Law Prohibiting Violent Video Games For Minors.
- Brave New World Where You Can Acquire The Right To Pollute Another Persons Property.
- Large Scale Industrialized Hog Farms Threaten the Welfare of Missouri Citizens
- Clean Air Ordinances in Missouri
- Red Light Cameras In Missouri
- United States Supreme Court Closes Door on Damages in Westboro Baptist Church Case
- Public Employees Right to Bargain Collectively in Missouri
- The Mayor from Missouri with a photographic memory
- Are blueberries good for your brain?
- Quo Warranto for disputes between municipalities is dead – Long Live Declaratory Judgments
- Westboro Baptist Church Preaches Hell, Fire, and Damnation at Veterans Funerals.
- Radioactive Smoke and Indoor Clean Air Ordinance
- City of Sullivan can charge a higher sewer connection fee in one area of the community than another.
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Public Policy & Law
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Author Archives: momunicipallaw
Need for Constitutional Amendment in Missouri to Protect Women’s Right to an Abortion
In deep red Kansas voters rejected a constitutional amendment that would have removed from the constitution of Kansas a provision that protected woman’s reproductive rights by 59 to 41 percent. Nate Cohen, chief political analyst for the New York Times, … Continue reading
Preserving Sequoito Park and the Galloway Creek Greenway
Having served as Springfield City Attorney for almost 34 years, I have seen many bitter neighborhood battles over zoning, although the intensity of the battle over the zoning of the Galloway Village development, across from Sequiota Park on South Lone Pine, has a special passion of its own. The … Continue reading
Common Sense on the Galloway Village Creek Zoning Referendum
The voters of Springfield, Missouri will have an opportunity to vote on November 8, 2022 on whether or not to rezone the Galloway Creek Village property, located on South Lone Pine across from Sequiota Park. My purpose in writing this … Continue reading
U. S. Supreme Court Requires Legislative Authority for the Federal Government to Impose Mandate on Certain Employers for Covid 19 – Vaccination Or Test
The United States Supreme Court in National Federation of Independent Business v. Department of Labor, rejected a mandate requiring employers with more than 100 employees to require their employees to vaccinate or test, holding that there was no clear congressional authority under … Continue reading
Under Title VII Employer Cannot Discriminate Against Homosexual Or Transgender Employees
In a blockbuster case, the United States Supreme Court held in Bostick v. Clayton County, that Title VII of the Civil Rights Act of 1964 prohibited sex discrimination when an employer intentionally fires an employee based in part on sex. … Continue reading
Public Aid Program For Schools Based On Constitutional Provision That Barred Aid For Religious Schools Violated the Establishment Clause When There Was Public Aid For Private Institutions
Espinoza v. Montana Department of Revenue, was clearly one of the most far reaching, controversial and consequential opinions of the 2019-20 United States Supreme Court term. The question before the United States Supreme Court in Espinoza, was whether the Free Exercise … Continue reading
Civil Rights And Local Government
Privacy is Inherent in a Driver’s Statutory Right to Counsel In Rosing v. Director of Revenue, the Missouri Supreme Court, held that the statutory right to attempt to contact an attorney included the right to speak to an attorney privately. … Continue reading
Liability of City Officials
Flash Bang Policy – Should Be Reviewed Flash bangs are explosive devices, which can kill a person, especially a child, if it lands directly on them. “Police call them diversionary devices we call them bombs.” Law enforcement policy Should check … Continue reading
Posted in Law and Policy
Tagged Flash Bang policy, Liability of city for code enforcement, Liability of City for municipal court, Liability of Public Officials, Liability of public power company for use of the easement not authorized by the easement, Negligence for failure to enforce city code, Tasing policy
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Missouri Supreme Court Recognizes Sex Discrimination Claim Based On Sex Stereotyping And Failure To Accommodate Transgender Student Who Wanted To Use Boys Bathroom In School
Introduction This last year was a breakout year, with respect to the Missouri sex discrimination laws. First, the Missouri Supreme Court, held under the Missouri Human Rights Act (MHRA), a plaintiff could state a sex discrimination claim based on sex stereotyping. Second, … Continue reading
Posted in Law and Policy
Tagged Appleberry v. Blue Springs R-IV School District, Lampley v. Missouri Commission On Human Rights, Masterpiece Cake Shop case, Sex discrimination, Sex discrimination based on sexual preference, Sex stereotyping, transgender discrimination, Zarda v. Altitude Express
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Missouri Public Policy and Law 