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

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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

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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

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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

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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

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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

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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

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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

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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

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Ethics and Conflict of Interest

Introduction The Missouri Supreme Court, reminded opposing counsel that it is unethical for an attorney to contact our clients when they are in an adversarial  role. Having a  club in hand, to remind attorneys who are in an adversarial position … Continue reading

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