We have defended our municipal clients in cases challenging the constitutionality of local ordinances enacted for the health and safety of their citizens. In the recent past, a Midwest law firm engaged in the filing of federal cases accusing various municipalities of violating the First Amendment through the enforcement of ordinances covering the number and locations unattended donation bins. Because the United States Supreme Court holds that donation bins are entitled to protection under the First Amendment and because legal fees are recoverable from the defendant in cases involving constitutional violations, the municipalities were faced with serious financial impacts. We defended these cases, worked with our dedicated city employees to draft compliant ordinances and negotiated consent decrees to end the litigation and cap the plaintiffs’ legal fees.
With the passage of the Cannabis Regulation and Tax Act which took effect January 1, 2020, our team of lawyers is ready to address the needs of municipalities and local governing bodies to advise and assist in the drafting of appropriate regulations for the flurry of anticipated business activities.