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Supreme Court Clarifies California Voting Rights Act (CVRA)

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

Costa Mesa Sent Back to District Court to Defend Group-Home Ordinance

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

Ninth Circuit Revisits and Clarifies the Reach of Martin v. City of Boise

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

SCOTUS Term Includes Back-to-School Guidance on Balancing Free Exercise and Establishment Clauses

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

U.S. Supreme Court Issues Two Decisions Impacting Local Sign Regulations and Flag Policies

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

City Clerk and Board Secretary Roadmap

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

Court Prohibits Los Angeles City from Summarily Destroying Homeless Individuals’ “Bulky” Items

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

Court Rules that City-Erected Structure at a Municipal Airport is Not “Shelter”

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

During a Pandemic, is a Grocery Store Run the Same as a Baptism Under the 1st Amendment?

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

Two Courts Offer Election Guidance: Slow-Walking Ballots is Unconstitutional

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

An Extraordinary Smackdown of an Ordinary Sign Ordinance

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

Challenge to Prop 15: Courts Don’t Mess with Initiatives (or AGs Who Summarize Them)

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

Face Masks, Temperature Screenings and Privacy Rights: Re-Opening Public Agencies During COVID-19

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

The Clash Between Emergency Powers and Individual Rights During COVID-19 Pandemic

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

COVID-19 Safety Orders v. the First Amendment

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

President Trump Can’t Block Twitter Users, U.S. Appellate Court Rules

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

Ninth Circuit: No “Amen” To School Board Invocation - Prayers Violated First Amendment

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

Billboard Regulations: Cities and Counties

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

To Campaign or Not to Campaign: A Refresher

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

Public Officials and Agencies: To Campaign or Not to Campaign?

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

Ninth Circuit Strikes Down Initiative Disclosure Requirement

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

Supreme Court Invalidates Federal Aggregate Limit on Campaign Contributions

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

Prop. 8 Ruling Complicates Process For California Initiative Proponents - U.S. Supreme Court Determines Proponents Lacked Standing...

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

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