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Posted 06 Nov 2013 in Case Notes

Does Title II of the Americans with Disabilities Act apply to employment-related discrimination claims, even though Title I of the Act specifically addresses such claims? Answering this "question of first impression" in the circuit, in Brumfield v. City of Chicago, No. 11-2265 (Nov. 6, 2013), the Seventh Circuit today joined the Ninth and Tenth Circuits in concluding that Title II does not extend to employment-discrimination claims. Such claims must be brought under Title I. The court determined that because, read in context, Title II unambiguously does not reach employment-discrimination claims, the court need...

Posted 04 Nov 2013 in Case Notes
Eagle Cove believed that its religion required it to hold its Bible camp in only one place: on its lake-side property in Oneida County, Wisconsin. But the County had zoned the property for residential use only. When Eagle Cove asked the County to re-zone the property, the County refused. When Eagle Cove asked for a conditional use permit so that it could hold the Bible camp anyway, the County denied that too.Wisc-lake Did the County's denials violate the Religious Land Use and Institutionalized Persons Act? In Eagle Cove Camp & Conference Center v. Town of Woodboro, No. 13-1274 (Oct. 30, 2013), the Seventh Circuit said "no." It affirmed the grant of summary judgment for the County and for the Town of Woodboro. No Total Exclusion One provision of RLUIPA provides that

Posted 25 Oct 2013 in Roundup

The Federal Circuit recently said no, in a case highlighted today at Julie Tappendorf's must-read blog Municipal Minute. In the case, the District of Columbia and the City of Houston attempted to trademark these two marks: The court ruled that Section 2(b) of the Lanham Act ( 15 U.S.C. 1052(b)) prohibits the local governments from registering the marks. It provides: No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the...

Posted 22 Oct 2013 in Roundup

The State and Local Legal Center hosted an excellent Supreme Court Preview Webinar this afternoon. The panelists -- Tom Hungar, Kannon Shanmugam, and David Savage -- discussed the following cases: Town of Greece v. Galloway -- Is the Town's legislative prayer practice consistent with the Establishment Clause? EPA v. EME Homer City Generation -- Did the EPA properly enact rules addressing State air pollution under Clean Air Act's "good neighbor" provision? McCullen v. Coakley -- Does a Massachusetts law forbidding speakers from entering or remaining on a...

Posted 21 Oct 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Second Circuit Dorsett v. County of Nassau, No. 13-641 (Oct. 18, 2013) (affirming dismissal of First Amendment retaliation claim against County because plaintiff lacked standing to challenge County's delay in acting on settlement agreement) Fifth Circuit Bradberry v. Jefferson County, No. 12-41040 (Oct. 17, 2013) (in challenge under Uniformed Services Employment and Reemployment Rights Act, finding that collateral estoppel did not bar the County from re-litigating facts determined in...

Posted 18 Oct 2013 in Case Notes
The first significant case affecting local governments in this new Supreme Court term  -- Madigan v. Levin -- ended poorly. The Court resolved the case with a DIG -- the Court dismissed it as improvidently granted. Supreme Court3 What went wrong? And what can we learn from it about appellate jurisdiction? An Important Question The case had all the hallmarks of a classic Supreme Court case. The question presented was important. It asked whether when a state or local government employee alleges that his employer has discriminated against him because of his age, the Age Discrimination in Employment Act ("ADEA") provides his exclusive remedy, or whether he may also bring a claim under 42 U.S.C. 1983 because the discrimination violates the Constitution's Equal-Protection Clause. The question had divided the lower courts. The Seventh Circuit acknowledged that its holding -- that the ADEA does not prevent the employee from bringing a Section 1983 claim -- created a deep circuit split. And it had far-reaching implications. It could literally impact every state and local government. What Went Wrong? So why would the Court, after granting cert. and hearing oral argument, suddenly change its mind and toss the case?

Posted 14 Oct 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. First Circuit McCardle v. Town of Dracut, No. 13-1044 (Oct. 9, 2013) (affirming summary judgment against teacher who had brought claims under the Family and Medical Leave Act). Seventh Circuit Jiminez v. City of Chicago, No. 12-2779 (Oct. 7, 2013) (affirming district court's denial of City's motion for a new trial and for judgment as matter of law based on alleged july-selection and evidentiary errors, in case where jury...

Posted 08 Oct 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. First Circuit National Association of Tobacco Outlets v. City of Providence, No. 13-1053 (Sept. 30, 2013) (finding that City's tobacco-sales ordinance, designed to reduce youth tobacco use, does not violate First Amendment and is not preempted) Fifth Circuit Marceaux v. Lafayette City-Parish Consolidated Government, No. 13-30332 (Sept. 30, 2013) (finding that district court improperly granted protective order requiring officers suing police department to remove website) Eleventh Circuit Dawkins v. Fulton County Government, No. 12-11951 (Sept. 30,...

Posted 30 Sep 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Fifth Circuit United States v. City of New Orleans, No. 13-30161 (Sept. 27, 2013) (upholding denial of City's motion to vacate consent decree regarding police practices). Sixth Circuit Bessie Jones v. City of Cincinnati, No. 11-4174 (Sept. 27, 2013) (reversing district court's denial of qualified immunity to police officers regarding excessive-force and failure-to-provide-medical-care claims). Tenth Circuit Olson v. City of Golden, No. 11-1454 (Sept. 25, 2013) (dismissing as moot a challenge to City's campaign-finance regulations...

Posted 27 Sep 2013 in Roundup
SupremeCourt2(1) Next Term Over at Cities Speak, Lisa Soronen of the State and Local Legal Center outlines upcoming Supreme Court cases that could affect local governments: And Wednesday, Irene Zurko discussed the case of Sprint Communications v. Jacobs. For a full preview, register to hear from Tom Hungar, Kannon Shanmugam, and David Savage on October 22nd here. (2) More on Town of Greece SCOTUSblog has some interesting commentary on Town of Greece, a case that we previously addressed here. Eric Rassbach says that those challenging the Town's prayer practice have reached a "'Hail Mary'" moment" where "facing imminent disaster" they "stake[e] everything on one desperate, final gambit:"