By Lisa Soronen.
The State and Local Legal Center’s (SLLC) Midterm Review article summarizes all the cases accepted and already decided that will affect local government. Expect decisions in all the cases by the end of June.
Here are some highlights:
Reed v. Town of Gilbert, Arizona and Sheehan v. City & County of San Francisco are probably the most significant cases of the term for local government. Depending on how the Court rules, both could impact every city and county in the United States. The issue in Reed is whether sign codes may treat some categories of temporary signs more favorably than others. If the Court holds they cannot, virtually all local governments will have to rewrite their sign codes. In Sheehan the Court will decide whether the Americans with Disabilities Act applies to arresting a mentally ill suspect who is armed and violent.
The question in Los Angeles v. Patel is whether a hotel registry ordinance which allow police officers to inspect registries without a warrant violates the Fourth Amendment. Even if your city or county doesn’t have a hotel registry ordinance it is likely to be affected by this case. In many states mobile home parks, second-hand dealers like pawnshops and junkyards, scrap metal dealers, and massage parlors are subject to registration and inspection laws and ordinances.
The Court has already decided one of the two Fourth Amendment traffic stop cases it will hear this term. In Heien v. North Carolina the Court held that a police officer’s reasonable misunderstanding that North Carolina required two working rear brake lights did not invalidate a traffic stop. In Rodriguez v. United States the Court will decide whether a police officer violated the Fourth Amendment by requiring a driver to stay a few minutes after an already-completed traffic stop to wait for back up before his canine performed a dog sniff.
In Texas Department of Housing and Community Affairs v. The Inclusive Communities Project the Court will decide whether disparate-impact claims can be brought under the Fair Housing Act. This is the third time the Court has agreed to hear this issue; the two previous cases settled. Local governments have found themselves on both sides of this issue.
Walker v. Texas Division, Sons of Confederate Veterans will be the Court’s second ruling on the newly-minted government speech doctrine. The Court will decide whether Texas can reject a specialty license plate featuring the Confederate Flag because license plates are “government speech.”
The Court will decide a number of employment cases this term including EEOC v. Abercrombie & Fitch. The issue is whether an employer can be sued for failing to accommodate an employee/applicant’s religion because the employer failed to ask if a religious accommodation was needed. Until this case the Equal Employment Opportunity Commission said the applicant/employee had to ask for a religious accommodation.
While the Court has been clear that the Fourteenth Amendment’s Due Process Clause prohibits excessive force against pretrial detainees the Court has not been clear about what exactly that means. In Kingsley v. Hendrickson the Court will articulate the substantive requirements for an excessive force claim brought by a pretrial detainee
T-Mobile South v. City of Roswell is one of the few local government cases already decided. The Court held that local governments must provide reasons when denying an application to build a cell phone tower. The reasons may be included in council meeting minutes issued at the same time as the denial letter.