Today, in Lindke v. Freed, the Supreme Court set forth the test for when local government officials are considered “state actors” for the purposes of the First Amendment when they post on social media.  The case is a win for local governments as the test provided by the Supreme Court safeguards the free speech rights of elected officials while balancing the rights of their citizens.  More importantly, it is objective and focuses on authority as the test to determine if...

Inaugurated in 2023, the Charles Thompson Local Government Law Scholarships are competitive awards intended to recognize rising 2Ls and 3Ls with demonstrated interest and accomplishment in the study of municipal law. All candidates submit written expressions of interest, law school transcripts, and letters of recommendation. In addition, those seeking the larger $5,000 scholarship were required to submit an original work relating to local government law. We were fortunate to receive a significant number of outstanding applications from law students in the...

IMLA celebrates Black History Month! For every month of the year, IMLA continues to advocate and support racial equity programs and inclusive legislation that protect and support BIPOC and LGBTQIA+ communities across the United States and Canada.  Through our Diversity Group, IMLA has provided Zoom meetings and resources to better support our members to advance diversity initiatives and inclusive policies on a local level that remain under attack, especially through state preemption. This February is a month of celebration and recognition...

IMLA confirms Rosemary Humway-Warmuth as IMLA President from October 1, 2023 to September 29, 2024. IMLA’s members recently confirmed the nomination of Rosemary Humway-Warmuth of Wheeling, West Virginia to be President of IMLA. Rosemary Humway-Warmuth serves as the City Solicitor for the City of Wheeling, West Virginia and is in her 26th year of municipal public service.  She has served as the International Municipal Lawyers Association (IMLA) State Chair for West Virginia and has repeatedly received certification as a IMLA Fellow signifying...

On September 28th and 29th during our 88th Annual Conference in La Quinta, California, IMLA was able to announce and recognize our 2023 award winners. These award winners are IMLA members who have gone above and beyond the field of municipal law and were nominated by their colleagues to receive these awards.   The Charles S. Rhyne Lifetime Achievement In Municipal Law Award The Lifetime Achievement in Municipal Law Award is the highest award given by IMLA. The award honors the recipient’s lifetime...

As part of its commitment to building generational involvement in local government law, IMLA created the McCarley Scholarships, named in honor of Dewitt F. “Mac” McCarley.  Mac has practiced municipal law for more than 45 years, having served as the Charlotte, North Carolina City Attorney from 1994 to 2011 and continuing as a partner at Parker Poe where he focuses on local government matters, including service as the town attorney for Southern Pines. Mac was an IMLA President, a recipient...

The views and opinions expressed in the guest blog post are solely those of the individual authors and do not necessarily reflect the official policy or position of IMLA. We do not endorse or guarantee the accuracy of any information presented in these guest posts, and readers are reminded that this post is not intended to provide legal advice. Pets are an important part of American life, with more than two-thirds of U.S. households counting cats and/or dogs among their members....

On June 30th, in 303 Creative v. Elenis, in a significant decision that will impact antidiscrimination laws around the country, the Supreme Court held that Colorado’s public accommodation law violates the First Amendment’s Free Speech Clause by compelling the speech of a business owner engaged in expressive activity.  This case was a fight between whether the creation and sale of a wedding website to the public is considered speech, which would be protected under the First Amendment, or commercial activity...

Today, in an important employment law case, a unanimous Supreme Court “clarified” Trans World Airlines, Inc. v. Hardison’s “more than . . . de minimis” language, concluding that it does not suffice to establish an “undue hardship” under Title VII.  Instead, the Court held that to demonstrate an “undue hardship,” an employer must show “a burden is substantial in the overall context of an employer’s business.”  While the Court did not overrule Hardison, this clarification of its meaning will likely...

Today, the Supreme Court issued its decision in Moore v. Harper, the long-anticipated case involving the so-called Independent State Legislature Theory (ISLT) advanced by the North Carolina legislature.  The Court rejected the ISLT and held that the Federal Elections Clause “does not insulate state legislatures from the ordinary exercise of state judicial review.”  Though the foregoing statement sounds ordinary, the ramifications for local governments had the ISLT been adopted would have been anything but. Following the 2020 census the North Carolina...