Articles Posted in Municipal Law

The judges upheld state laws preempting the authority of cities and counties to enact firearm regulations, voicing a reluctance to interfere with the legislature in this area.

A state court judge struck down a New York City rule that targeted Uber and Lyft in an alleged effort to reduce traffic congestion in Manhattan.

On Monday, August 1, 2019, the United States Court of Appeals for the Eighth Circuit held that KWP, a seven year old boy attending the Kansas City Public Schools system, did not have his constitutional rights violated by Officer Brandon Craddock or the school's principal, Anne Wallace, when KWP was handcuffed for twenty minutes by the officer on school grounds. The Court further ruled that both the officer and principal met the requirements for qualified immunity on KWP's claims of unreasonable seizure and excessive force in violation of the Fourth and Fourteenth Amendments, brought under 42 U.S.C. § 1983. 

Five parents have filed a lawsuit in response to an emergency order issued last week by New York City Mayor Bill de Blasio's administration declaring a public health emergency and requiring all residents within certain Brooklyn zip codes to be vaccinated against measles or face a $1,000 fine. According to news reports, the action was filed in Brooklyn Supreme Court against the New York City Department of Health, and alleges that the order exceeds the powers of the Public Health Commissioner. It also claims that the City's measures are too drastic in light of its reasons for issuing the order. A judge denied the parents' request for an emergency injunction yesterday, but the parties will appear in court on Thursday.