Local governments continue to combat federal telecommunications preemption on behalf of their communities and residents. A panel of judges in the Ninth Circuit Court heard oral argument for a legal challenge mounted by local governments to 2018 orders by the Federal Communications Commission (FCC) limiting local authority over wireless equipment in public rights-of-way. The hearing
Tag: Ninth Circuit
In Martin v. City of Boise, the Ninth Circuit held that if a homeless person has no option of sleeping indoors a city cannot cite him or her for violating an ordinance disallowing sleeping outside in a public space. This significant holding is now final. The Supreme Court refuses to review thousands of lower court
As cities continue to determine what they can do to address the housing needs of people experiencing homelessness, now is the time to be mindful of a recent legal decision — especially if your city is located in the Ninth Circuit (which includes Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington). In Martin
When, last month, the Ninth Circuit issued an opinion temporarily striking down President Trump’s third travel ban, the move was met with little fanfare. There are two likely reasons. First, the decision came down right before Christmas (December 22). And in early December, the Supreme Court allowed the third travel ban to go into effect until
The Ninth Circuit (AK, AZ, CA, HI, ID, MT, NV, OR, WA) has a reputation for listening to the beat of its own drummer. And the Supreme Court has a reputation of taking the drum back and correcting the beat. Will this happen in Los Angeles County Flood Control District v. Natural Resources Defense Council?