117 results for 'nos:"Constitutionality of State Statutes - Other Suits"'.
J. Eagan grants the education defendants' dismissal motion in this lawsuit alleging that an accreditation requirement violates the free speech and free exercise rights of religious colleges and universities. The plaintiff company, which allegedly operates an online university, seeks declaratory and injunctive relief. However, the state accreditation requirement "has nothing to do with governmental restriction of content or subject matter being taught." Additionally, it does not suggest that the state "is favoring secular institutions or acting with hostility to religious institutions."
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: August 1, 2023, Case #: 4:22cv477, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Education
J. O'Hearn denies emergency injunctive relief in claims contending the temporary workers' bill of rights unfairly requires companies hiring temp workers and staffing agencies to provide burdensome disclosures and mandates certain compensation and benefits. The companies established they would be negatively affected by the new law but failed to establish that any new burden would be substantial or that the new law is unconstitutionally vague.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: July 26, 2023, Case #: 1:23cv2494, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Employment
J. Settle dismisses the Christian church's claim that SB 6219, a 2018 Washington State law that requires all health insurance plans that provide maternity coverage to provide substantially equivalent abortion coverage, violates its First Amendment rights because its religious beliefs are against facilitating abortion. Despite the church's arguments to the contrary, SB 6219 does not favor secular conduct because there is no evidence that it was enacted to target religion. Also, SB 6219 is rationally related to a legitimate governmental purpose, because it is meant to give Washingtonians better access to health benefits and provide essential primary care to women and teens.
Court: USDC Western District of Washington, Judge: Settle, Filed On: July 25, 2023, Case #: 3:19cv5181, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Insurance, First Amendment
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J. Heil grants the individual plaintiffs' motion to proceed under pseudonyms in this suit challenging the constitutionality of certain state actions "related to transgender medical care for adolescents," including Senate Bill 613. There are "exceptional circumstances" that weigh in favor of allowing the minor plaintiffs and their parents "to proceed pseudonymously," and there is little risk of prejudice.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: July 17, 2023, Case #: 4:23cv177, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Health Care
J. Gonzalez dismisses an action brought by the Village of Mineola in Long Island against the Town of Hempstead challenging the town’s newly adopted redistricting plan, claiming the decision to swap two districts ultimately violates the equal protection clause’s one-person, one-vote principle. The court finds the new districts survive judicial review and do not violate the sole remaining litigant’s voting rights.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: July 13, 2023, Case #: 2:22cv6231, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Elections, Municipal Law
J. Nye denies the state's motion to dismiss six convicted sex offenders' allegations that amendments to the Sexual Offender Registration Notification and Community Right-to-Know Act have been unfairly applied to them, as they were convicted prior to the amendments. The individuals would have been eligible to petition for removal from the sex offender registry after 10 years, but amendments retroactively subjected them to lifetime registration. The individuals have plausibly alleged that the Act is punitive in effect as it restricts "where they may legally live, 'loiter,' travel, and work," that the Act's restraints are "significant and direct," and that the Act "promotes the traditional aims of punishment."
Court: USDC Idaho, Judge: Nye, Filed On: June 29, 2023, Case #: 1:16cv429, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution
J. Broderick denies a synagogue's motion for preliminary injunction to prevent the Governor from enforcing a law preventing concealed carry of firearms in locations providing any kind of childcare. Although the congregation alleges that the provision deprives them of their First, Second, and Fourteenth Amendment rights, and have proven standing, they do not allege that the state officials themselves are committing any ongoing violations of federal law. The Governor and Attorney General are not proper defendants. Equities and the public interest weigh against injunctive relief.
Court: USDC Southern District of New York, Judge: Broderick , Filed On: June 28, 2023, Case #: 1:22cv8300, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Injunction
J. Hodge grants the Philadelphia Parking Authority’s (PPA) motion to dismiss in this matter concerning parking violations. A citizen had outstanding parking violations and her vehicle was impounded. When she went to pay the tickets and fines to retrieve the vehicle, instead of being assessed the amount of violations pertaining to the vehicle, she was presented with a list of violations under her name totaling $3,705, which included violations by her mother, who shares the same name, going back decades. The citizen went through the process of attending an administrative hearing where they affirmed that she must pay the fines before retrieving the vehicle, but did not notify the citizen of the corrected amount of $1,063; her vehicle was subsequently sold at auction. While the court grants dismissal to the PPA, as it acted properly, as well as all individual defendants, it denies dismissal to the City of Philadelphia. The citizen sufficiently argued that the Bureau of Administrative Adjudication (BAA), as part of the City of Philadelphia, may have violated her constitutional right to due process under the Fourteenth Amendment.
Court: USDC Eastern District of Pennsylvania, Judge: Hodge, Filed On: June 27, 2023, Case #: 22-1155, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Municipal Law
J. Marston denies a Township’s motion to dismiss in this matter concerning a resolution. The Pennsylvania State Lodge Fraternal Order of Police and Springfield Township Police Benevolent Association (PBA) use the Thin Blue Line American Flag as part of their organizational activities to show support for law enforcement, with the PBA having incorporated it into its logo. But the Township believes it is viewed negatively by many groups and communities and is divisive as it symbolizes police brutality and racial animosity; as such, the Springfield Township Board of Commissioners passed Resolution 1592 which works to eliminate the display of the Thin Blue Line American Flag Symbol by any Township employee, agent or consultant while on duty, when representing the Township or on any Township owned property. The PBA claims the resolution violates the First and Fourteenth Amendments to the United States Constitution, and specifically, section three prohibiting the display and affixation of the symbol on Township-owned property negatively impacts the organization, as it would prohibit them from displaying its logo during gatherings and fundraising events held in places such as public parks, which they have done in the past and wish to do in the future. The instant court finds the organizations have legal standing.
Court: USDC Eastern District of Pennsylvania, Judge: Marston, Filed On: June 27, 2023, Case #: 2:23-cv-332, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Municipal Law
J. Tostrud denies the chicken processor's motion for summary judgment in its suit seeking a finding that Minnesota statutes and rules establishing parent-organization liability for the unmet obligations of their subsidiaries under certain agricultural contracts are not applicable to its contracts with Minnesota chicken growers. He grants the growers' motion for summary judgment. A choice-of-law clause does not not bind the processor to Minnesota law on its own, but Minnesota's choice-of-law principles otherwise favor applying Minnesota law to the growers' claims against the processor. Minnesota's parent-liability rules and statutes also do not violate the dormant Commerce Clause. The laws and rules therefore apply. The growers' motion for leave to amend their counterclaims is denied, since the proposed amendments are largely unnecessary in light of this and other orders.
Court: USDC Minnesota, Judge: Tostrud, Filed On: June 6, 2023, Case #: 0:19cv3040, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Choice Of Law, Contract
J. Summerhays denies summary judgment to the so-called “White Hat plaintiffs,” environmentalists and other activists protesting a controversial pipeline project on a Louisiana bayou. The court rejects their arguments that a “critical infrastructure” law, amended by oil lobbyists after their protest to provide prison time for trespassing on property marked for pipeline construction, is unconstitutional. The law expressly excludes protected First Amendment expressive conduct from the statute’s prohibitions. To the extent that they seek a declaration that the law is unconstitutional as applied to future anticipated protests of the Bayou Bridge Pipeline, “the White Hat plaintiffs lack a constitutionally protected right to protest on private property.” Violators of the amended trespassing law face up to five years in prison and $1,000 in fines.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: June 5, 2023, Case #: 6:20-cv-00983, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Construction, Environment
J. Kernodle grants the motions to dismiss the individuals' suit that challenges the constitutionality of a Texas law concerning vexatious litigants. The individuals, who were declared vexatious litigants, lack standing to sue the accused parties, which include an administrative judge, county district clerk and the Director of Court Administration.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: May 30, 2023, Case #: 6:22cv367, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Procedure, Constitution, Judiciary
J. Brasel grants summary judgment to the city and its officials in the landlords' suit against them alleging that a rent-stabilization ordinance passed by voters in 2021 is unconstitutional under the Minnesota and U.S. Constitutions. The ordinance does not substantially impair the landlords' leases under the contract clause and it appropriately and reasonably advances a significant and legitimate purpose, namely ensuring that residents have access to affordable housing. The landlords also have not shown that the ordinance violates the Due Process Clause, causing their Section 1983 claim to fail, and a preemption claim under state law is moot. Finally, the ordinance does not create a regulatory taking under either Constitution.
Court: USDC Minnesota, Judge: Brasel, Filed On: May 22, 2023, Case #: 0:22cv1589, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Municipal Law, Housing