News & Analysis as of

State and Local Government Fourteenth Amendment First Amendment

Mitchell, Williams, Selig, Gates & Woodyard,...

Louisiana Community Air Monitoring Reliability Act: Environmental Organizations File Challenge in United States District Court...

The Environmental Integrity Project and Public Citizen Litigation Group (collectively, “EIP”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Middle District...more

Keating Muething & Klekamp PLL

Ohio Supreme Court Strikes Down Billboard Tax as Unconstitutional

The Ohio Supreme Court recently struck down a billboard tax as unconstitutional in Lamar Advantage GP Co., LLC v. Cincinnati, Slip Opinion No. 2021-Ohio-3155.  The case evaluated an excise tax placed on the installing,...more

Gray Reed

Dereliction of Duty: Can Local Governments Be Liable for Not Protecting Property from Protestors?

Gray Reed on

Eager to spark the socialist revolution, left-wing activists seized Ramsett Park and the surrounding area and declared an independent autonomous community dedicated to social and economic justice. While that hypothetical...more

Alston & Bird

Pennsylvania Court Invalidates Statewide Pandemic Restrictions

Alston & Bird on

A&B ABstract:  In County of Butler v. Wolf, a federal court in Pennsylvania struck down as unconstitutional key aspects of the Pennsylvania Governor’s COVID-19 Emergency Order: limitations on the size of indoor gatherings and...more

Alston & Bird

Constitutional Challenges to Pandemic Restrictions: What’s Happening Now

Alston & Bird on

Our Litigation Group examines the recent federal court decision in County of Butler v. Wolf striking down as unconstitutional key aspects of Pennsylvania’s COVID-19 emergency order and explores the potential impact of the...more

Littler

Pennsylvania Federal Judge Finds Governor Wolf’s Pandemic Restrictions Unconstitutional

Littler on

Pennsylvania’s gathering limitations, business shutdown and stay-at-home orders violate the United States Constitution, according to a federal judge in the Western District of Pennsylvania, who enjoined enforcement of those...more

Faegre Drinker Biddle & Reath LLP

Pennsylvania Federal Judge Strikes Down Key Provisions in Governor Wolf’s COVID-19 Orders

In a decision issued on September 14, 2020, U.S. District Court Judge William S. Stickman IV ruled that certain restrictions ordered by Pennsylvania Governor Tom Wolf to slow the spread of COVID-19 were unconstitutional....more

Epstein Becker & Green

California Freelance Writers and Photographers Challenge the Constitutionality of AB 5

Epstein Becker & Green on

We have written previously about California’s new statute, referred to as AB 5, which codifies and expands the “ABC test” for independent contractors set forth in Dynamex Operations West, Inc. v. Superior Court....more

Woods Rogers

Statutes, Statues, And Municipal Constitutional Rights (Part 2)

Woods Rogers on

We previously discussed the suit in the EDVA brought by the City of Norfolk against the Commonwealth of Virginia to try and remove the civil war monument in downtown Norfolk.  Service has been waived, and we can now expect...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Farrell Fritz, P.C. on

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Farrell Fritz, P.C.

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

Farrell Fritz, P.C. on

Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. ...more

Robinson+Cole RLUIPA Defense

Additional Eruv Disputes in New Jersey

We recently posted about a lawsuit filed by Bergen Rockland Eruv Association, Inc. (“BREA”) against the Township of Mahwah, New Jersey, regarding a dispute over the expansion of an eruv. Since then, eruv disputes have evoked...more

Womble Bond Dickinson

Supreme Court Considering Whether to Limit the “Business of Rigging Elections”

Womble Bond Dickinson on

On January 27, 1998, the Winston-Salem Journal featured an article discussing the lack of competitive Congressional races in North Carolina. John Hoeffel, Six Incumbents Are a Week Away From Easy Election, Winston-Salem...more

Baker Donelson

Nine Members Again, the Supreme Court Takes On Uneasy Relationship Between Church and State

Baker Donelson on

On June 26, 2017, the last day of its session, the Supreme Court issued what is likely to be one of its most significant rulings this year – and possibly for years to come – in the case of Trinity Lutheran Church of Columbia,...more

Mintz - Public Finance Viewpoints

Tax-Exempt Financing of Churches, Parochial Schools and Other Sectarian Institutions After Trinity Lutheran Church: Permitted? ...

The U.S. Supreme Court’s June 26 opinion in Trinity Lutheran Church of Columbia, Inc. v. Comer, precluding states from discriminating against churches in at least some state financing programs, raises anew the question of...more

Robinson+Cole RLUIPA Defense

City of Bayonne, New Jersey Sued Over Denial of Application to Build a Mosque

Last month, Bayonne Muslims, a New Jersey not-for-profit religious congregation, sued the City of Bayonne, New Jersey (the “City”), challenging the City’s denial of certain variances needed to construct a mosque. ...more

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