Author Archives: momunicipallaw

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

Posted in Law and Policy | Tagged , , , , , , , , | Leave a comment

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 , , , , , , | Leave a comment

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 , , , , , , , | Leave a comment

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

Posted in Law and Policy | Tagged , , , , , , , | Leave a comment

Sunshine Law – Knowing or Purposeful Violation

Local government officials, routinely process thousands of Sunshine Law requests without a hint of a problem. Occasionally, a request may lead to a dispute over whether or not the record is open or closed, which, for the most part, can … Continue reading

Posted in Law and Policy | Tagged , , , , , | Leave a comment

Important Zoning Cases In 2018-2019

Introduction – This last year  was a good year for zoning cases, providing insights into how communities might deal with certain problems such as the difficult problem of allowing flexibility in your zoning ordinance, while at the same time retaining some … Continue reading

Posted in Law and Policy | Tagged , , , , , , | Leave a comment

How Does Missouri Law Compare To Minnesota Ban On Apparel Containing Messages Inside Voting Area that Was Declared Unconstitutional

In 2010, Advocates in Minnesota, planned to have supporters wear buttons to the polls printed with the words “Please I. D. Me,” a picture of an eye, and a telephone number and web address for Advocates. (Minnesota law does not … Continue reading

Posted in Law and Policy | Tagged , , , , | 2 Comments

Masterpiece Cakeshop Not Required To Bake Wedding Cake For Gay Couple

Masterpiece Cakeshop is a Colorado bakery owned and operated by Jack Phillips, an expert baker and devout Christian.  In 2012, he told a same-sex couple that he would not create a cake for their wedding celebration because of his religious … Continue reading

Posted in Law and Policy | Tagged , , , , , , | Leave a comment

Search Warrant Required To Track Suspect Using Cell Phone/Tower Technology

In a landmark decision the United States Supreme Court held that the Fourth Amendment, prohibiting unreasonable searches, required a search warrant by the government to obtain historical cell phone tower records.This may be the most important case of the 2017 … Continue reading

Posted in Law and Policy | Tagged , , , , , | Leave a comment

Sanctuary Cities – Federal Government Does Not Have Authority To Condition Grants To State And Local Government Based On Compliance With Federal Sanctuary City Policies

Two recent cases solidify the principle that state and local government play a large role in our federal system and that there are limits on how far the federal government can go in directing states and local governments to follow … Continue reading

Posted in Law and Policy | Tagged , , , , , , | Leave a comment