The California Supreme Court reversed a 2021 Court of Appeal decision which upheld Santa Monica’s at-large voting system under the CVRA. On the one hand, the Supreme Court agreed with the Court of Appeal and Santa Monica that...more
Appellate court comment hints at improper motivation for regulation -
The Ninth Circuit recently sent Costa Mesa back to the trial court to continue litigating two challenges to its group-home ordinance. The issue on...more
Court Invalidates City’s Attempts to “Evade” Martin -
Over the last few years, courts have significantly narrowed the permissible scope of local regulation of public camping. The catalyst for this shift was Martin v. City...more
Employers Should Reevaluate Policies on Religious Expression at Work in Light of Kennedy v. Bremerton School District and Carson v. Makin -
With the commencement of school, public youth programs and 2022-23 budget cycles,...more
Lawful or Landmine? Court Rules on First Amendment Snares -
Municipalities throughout the country regulate signs and set policy for flag-flying on public property. Done right, these are lawful functions of local...more
PublicCEO Article on Navigating Developing Challenges Involving Public Records, Social Media and More -
In today’s ever-changing municipal landscape, there are many challenges that can arise for city clerks and board...more
Ninth Circuit Affirms Lower Court’s Preliminary Injunction -
The U.S. Ninth Circuit Court of Appeals decisions in Martin v. City of Boise and Lavan v. City of Los Angeles significantly altered how municipalities can...more
Decision in Compliance with Martin v. City of Boise -
The last few years have seen a fundamental shift in how municipalities can lawfully regulate camping on public property. The spark for this shift was Martin v. City of...more
SCOTUS Sets Aside New York Limits on Religious Gatherings-
The U.S. Supreme Court’s decision to halt, on First Amendment grounds, enforcement of New York’s COVID-19-related restrictions on indoor worship services...more
Mail-In and Absentee Ballots Debated in COVID-19 Pandemic and Election Day Overlap -
Two recent cases indicate a judicial willingness to intervene in election processes to protect and broaden voting rights. The cases...more
Court Invalidates Common Sign Ordinance on First Amendment Grounds -
A federal appeals court cited the First Amendment in invalidating some portions of the City of Troy, Mich.’s sign ordinance that are very common to many...more
9/18/2020
/ Advertising ,
Churches ,
Content-Based Restrictions ,
Content-Neutral ,
First Amendment ,
Free Speech ,
General Welfare Exclusion ,
Local Ordinance ,
Municipalities ,
Public Interest ,
Reed v Town of Gilbert ,
Signs ,
Standard of Review ,
Strict Scrutiny Standard
Swift Decision Rejects Ballot Language Opposition -
A trial court recently rejected a challenge to the California Attorney General’s ballot label, title and summary of a proposed initiative amendment to Proposition 13. In...more
Part 2 in a PublicCEO Series -
Previously, we discussed local governments’ response to the novel coronavirus and the tension between governmental authority for emergency response and individual liberty. How does that...more
Part 1 in a PublicCEO Series -
The government’s broad powers to protect the public during declared emergencies are well-established, but this power is not unfettered. Emergency powers exist against a backdrop of individual...more
A California Federal Court Weighs-In on Religious Group’s Challenge -
A federal court in California refused to stop enforcement of state and county COVID-19 health orders that barred large gatherings, including religious...more
The First Amendment guarantees the right to petition the government, which includes the right to participate in elections. These protections apply to individuals and businesses involved in paid and unpaid...more
10/3/2019
/ Campaign Disclosure Laws ,
Citizens United v Federal Election Commission ,
Compelling Governmental Interest ,
Contribution Limits ,
Corporate Entities ,
Ex-Parte Communications ,
Federal Elections ,
First Amendment ,
Lobbying ,
Local Elections ,
Political Contributions ,
Political Reform Act ,
Political Speech ,
Right to Petition the Government ,
State and Local Government ,
State Contractors ,
State Elections ,
Strict Scrutiny Standard
The court concluded its opinion with an observation that at this time in history, “wide-open, robust debate” is the best assurance of good government.
The Second Circuit U.S. Court of Appeals ruled last week that public...more
7/19/2019
/ Data Blocking ,
Donald Trump ,
Embedded Tweets ,
First Amendment ,
Free Speech ,
Online Platforms ,
Political Speech ,
Public Employees ,
Public Forum ,
Public Officials ,
Risk Management ,
Social Media ,
Twitter
A public school board’s policy and practice of opening its public meetings with invocation was struck down by a federal appeals court. In Freedom From Religion Foundation, Inc. v. Chino Valley Unified School District Board of...more
The high-profile U.S. Supreme Court decision regarding a Colorado wedding cake has important implications for public agencies, which must often act in a quasi-judicial capacity. ...more
7/2/2018
/ Administrative Agencies ,
Anti-Discrimination Policies ,
Business Disparagement ,
Free Exercise Clause ,
Free Speech ,
LGBTQ ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Private Sector ,
Public Agencies ,
Public Hearing ,
Religious Discrimination ,
Reversal ,
Risk Management ,
Same-Sex Marriage ,
SCOTUS
No State Preemption of Local Billboard Regulations, California Appellate Court Finds -
The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision...more
11/14/2016
/ Abatement ,
Advertising ,
Appeals ,
Billboards ,
City Councils ,
Legislative History ,
Local Ordinance ,
Nonconforming Use ,
Preemption ,
Signs ,
State and Local Government ,
Zoning Laws
As November elections and some major ballot measures loom, and as 2016 general election candidates start copping to “thinking about a run,” now seems a good time to revisit the impartiality required of public agencies and...more
California law allows public agencies to expend public money and resources to educate voters on matters included on an upcoming election ballot. State law does not permit using public money or resources to advocate on behalf...more
The Ninth Circuit Court of Appeals recently issued a decision with significant implications for local and statewide ballot initiative processes. In Chula Vista Citizens v. Norris, the court upheld a Chula Vista Municipal Code...more
The U.S. Supreme Court struck down a key portion of federal campaign contribution laws yesterday morning in McCutcheon v. Fed. Election Commission (No. 12-536). The Court’s 5-4 decision held that federal aggregate limits on...more
The U.S. Supreme Court, in its recent Proposition 8 ruling, found that California’s initiative laws are insufficient to grant initiative proponents federal standing to sue or defend a proposition. This ruling complicates the...more