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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
No Constitutional Right To Grow Marijuana
St. Louis City police detectives went to Shanklin’s residence after a “utility inquiry” showed excessive electricity use, consistent with marijuana cultivation. The police discovered more than 300 live marijuana plants, several hundred grams of packaged marijuana, a mesh dryer, and … Continue reading
Sex Stereotyping Is Gender Discrimination
In the last two years, the Court of Appeals for the Western District of Missouri (Western District) has decided three significant cases, all interrelated, dealing with gender discrimination, gender identity and sex stereotyping. The latest, decided by the Western District … Continue reading
Eastern District Issues Landmark Decision Upholding The Power Of Home Rule Cities To Tax Without A Grant From General Assembly
The opinion in Neuner v City of St. Louis is one for the ages. It is the most significant opinion, with respect to constitutional home rule powers, since the adoption of the 1971 amendmenOnt to the Missouri Constitution granting constitutional … Continue reading
Eighth Circuit Upholds Minnesota Law Prohibiting Robocalls
It is hard to find anything more annoying or despised than robocalls. Recently the Eighth Circuit in Gresham v. Swanson, upheld a Minnesota law prohibiting robocalls against a free speech challenge. The Petitioner in the Minnesota case sought a preliminary … Continue reading
Westboro Baptist Church Redux
Westboro Baptist Church is like a bad penny. You know the punch line. It keeps showing up. So here’s another Eighth Circuit Court of Appeals decision, in a long line of Eighth Circuit, Westboro Baptist Church cases, upholding an Iowa state … Continue reading
Harris–Stowe State University Gets Hit With Five Million Dollar Racial Discrimination Lawsuit
Harris–Stowe State University (Harris–Stowe), located in the City of St. Louis, recently lost an employment discrimination case based on reverse discrimination (black on white) where the jury awarded over $5 million dollars in compensatory damages, punitive damages and attorney … Continue reading
The United States Supreme Court Clarifies Law Of Regulatory Takings
If your community is involved in a regulatory taking claim it is imperative that you understand the opinion in Murr v. Wisconsin. This opinion by the United States Supreme Court is powerful, making it the definitive source for understanding regulatory takings … Continue reading
Internet Is Ultimate Free Speech Forum
The Internet is the “modern day town square” in which each of us can “become a town crier with a voice that resonates further than it could from any soapbox.” “While in the past there may have been difficulty in … Continue reading
Posted in Law and Policy
Tagged Cyberspace and free speech, Internet and freedom of speech, Limiting access to the Internet, Modern day democratic forum, Packingham v. North Carolina, Prohibition against sex offenders from accessing the Internet, Registration of sex offenders, Sexual predators, Social Media Policy
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Missouri Constitution Does Not Prohibit A Religious Institution From Participating In Program that Provided Playground Safety Materials From Recycled Tires
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… These, simple, concise and powerful words – fifteen in number – cemented in the Bill of Rights of the United States Constitution the separation … Continue reading
No Search Warrant Required To Search Cell Phone If There Are Exigent Circumstances
Law tracks technology. A recent case, involving the Vermont State Police allowed the police to track a person suspected of murdering someone, without obtaining a search warrant, based upon exigent circumstances by pinging the suspect’s cell phone. In the Vermont … Continue reading
Missouri Public Policy and Law 