IMLA - International Municipal Lawyers Association

Host Caitlin Cutchin discusses jurisdictional questions and more with IMLA Assistant General Counsel, Erich Eiselt.

MLA's 5 things to know for June 14, 2018. Listen to this podcast to learn about the below! • First Amendment vs regulations of political speech at polls • Allowing juvenile felons to get Concealed Pistol Permits • Gage County sustains $28.5 Million verdict • Sheriff not liable for rape of inmate by correctional officer • Public Duty Doctrine alive and well

IMLA's 5 things to know for June 8, 2018. Listen to this podcast to learn about the below! • Can a merit system employee waive that status and become “at will” • Is leasing government land proprietary or governmental and what about a breach • Irrational claims don’t get very far • Searching a coach’s office because coach benched deputy’s son • Masterpiece Cake – Phoenix law upheld citing recent decision

IMLA's 5 things to know for June 7, 2018. Listen to this podcast to learn about the below! • Philly wins Sanctuary Cities suit – Section 1373 violates anti-commandeering • Iowa limitations issues and land use – can city be restrained from exercising zoning • Limitations under Section 1983 – continuing violations? • Fines and Fees – bail procedures violate due process - Sheriff not a county policy maker • Application for building permit on 100 acres vests use rights on full property of 6388 acres

IMLA's 5 things to know for June 6, 2018. Listen to this podcast to learn about the below! • D-Day Remembered • Workers Comp – Immunity – Volunteers • Immunity – Road Maintenance • Sexual Abuse and the 8th Amendment • Masterpiece Cake what’s ahead

IMLA's 5 things to know for June 1, 2018. Listen to this podcast to learn about the below! • 4 cent damage award in police shooting • Vacancies on council and Home Rule vs state law • Public Records Act – comity – sexual abuse • Is US currency a violation of Establishment Clause • Suing to recover fraudulent overtime

IMLA's 5 things to know for May 31, 2018. Listen to this podcast to learn about the below! • Trade secrets are public information • No immunity for defamation but workplace harmony may supersede free speech • A lawyer’s scheme to defraud • Can a bondsman kidnap a bail jumper • 9th Circuit again goes crazy $5 million attorneys’ fees for less than $1 million damage claim

IMLA's 5 things to know for May 30, 2018. Listen to this podcast to learn about the below! • Environmentally friendly lot clearing • Surveillance Cameras fighting crime • Drones used to protect correctional facilities • Compelled Statements – Fifth Amendment • When is an inmate dead – strange but true

IMLA's 5 things to know for May 24, 2018. Listen to this podcast to learn about the below! • Contender for Darwin Award • Batman and Superman Historic Figures? • Condemnation trial in Federal Court precludes a jury trial on related matter • No need to yield to emergency vehicle you don’t see or hear • Twitter a Public Forum?

IMLA's 5 things to know for May 23, 2018. Listen to this podcast to learn about the below! • Immunity for dangerous roads • Drones for mosquito control • TABOR – paper bag fee not a tax • Zoning power extends only to use not ownership • Using public provided phones for personal use

IMLA's 5 things to know for May 22, 2018. Listen to this podcast to learn about the below! • Surveillance Cameras in Cambridge MA • Ocean City finds solutions to homeless loitering around rest rooms • Seattle settles suit for $13M for actions of repeat drunk driver • FL Supreme Court finds for Miami against FOP during financial emergency • Supreme Court grants cert in “Indian Country” case

IMLA's 5 things to know for May 21, 2018. Listen to this podcast to learn about the below! • Sua Sponte decision to consider Qualified Immunity • Short term rentals – turning homes into hotels • Short term rentals – are fire sprinklers required • Who’s a county employee under the ADA • Motels used for criminal activity

IMLA's 5 things to know for May 17, 2018. Listen to this podcast to learn about the below! • Flow Control not a commerce clause violation and no FAAAA preemption • Takings of Beach Front property – be careful what you wish for • Public Records and Work Product • Police Union Speech outside Garcetti • More on consequences of Murphy v NCAA

IMLA's 5 things to know for May 15, 2018. Listen to this podcast to learn about the below! • Property right in right to appeal • Falsified probable cause – mistakes but nothing showing lying in affidavit • State can’t stop cities from using traffic cameras • Boardwalk performer regulations unconstitutional • South Carolina get business license taxes from on line travel companies

IMLA's 5 things to know for May 14, 2018. Listen to this podcast to learn about the below! • Commandeering states legislative processes unconstitutional • Spot zoning appealable • County liable for Sheriff in Arizona but is the analysis deep? • Hustler Hollywood can’t open next to Chuckie Cheese • Seattle labor law violates Sherman Act

IMLA's 5 things to know for May 11, 2018. Listen to this podcast to learn about the below! • Ephemeral vs substantive claims • Art or Free Expression? • Honoring George McAndrews of Alexandria VA • The Freddie Gray case – Officers can’t sue Prosecutor • No retaliation if you can’t prove entitlement

IMLA's 5 things to know for May 8, 2018. Listen to this podcast to learn about the below! • Invasive Plant ordinance • Oakland successfully sues landlord and recovers $1M • Pink Panther antics get folks in trouble in SF • Opening homeless camp – no immunity when things go bad • How side is the road – new issues involving ancient law

IMLA's 5 things to know for May 7, 2018. Listen to this podcast to learn about the below! • Fines and Fees immunity for the municipal court • Biting the hand that feeds you • Homelessness – sleeping in cars • Ticket more and warn less – Garcetti Speech • Pitching a no-hitter under the DPPA

IMLA's 5 things to know for May 3, 2018. Listen to this podcast to learn about the below! • Justice delayed justice denied • Rain Tax does not violate RLUIPA • DPPA – no class action but punitives apply against local government • Nollan/Dolan revisited and don’t apply to legislatively adopted exactions • Consumer voters – voting with your feet Amazon puts on hold staying in Seattle

IMLA's 5 things to know for May 2, 2018. Listen to this podcast to learn about the below! • Warrantless seizures of pigeons kept in boxes on a sidewalk • Saving costs by seeking legal advice • Security cameras reduce crime by 85% • Downsides of police discipline transparency • Regulatory takings-evaluating the purpose of the regulation

IMLA's 5 things to know for May 1, 2018. Listen to this podcast to learn about the below! • Law Day and Charles S Rhyne • Seminar was Amazing • What the difference between a bar and a restaurant? • Your land is my land • When half a car is a message

IMLA's 5 things to know for April 16, 2018. Listen to this podcast to learn about the below! • Suing an on-line Vacation rental company for fraud • Condo owners privacy ordinance • Police shooting – verdict for defense • Tape recording your boss – the downside • Congratulations to Robin Currin in Asheville for a great win

IMLA's 5 things to know for April 6, 2018. Listen to this podcast to learn about the below! • Chaos reigns in Jacksonville, Arkansas • Framingham’s innovative solution to billboards • Haverhill deals with graffiti check out IMLA’s model • The sheriff’s duty to pay medical expenses • The Heckler’s Veto – problems with crowd control

IMLA's 5 things to know for April 5, 2018. Listen to this podcast to learn about the below! • What’s sufficient to prove fire safety should defeat a non-conforming use? • Is changing letters in the rain a sufficient practical difficulty to convert to digital? • Immunity for nuisance and the state of the art design defense • Cutting the cord not a cable provider if you’re only providing internet and phone • Comparative fault must Plaintiff plead it was not negligent

IMLA's 5 things to know for April 4, 2018. Listen to this podcast to learn about the below! • Tort Caps Constitutional • Impact Fees • Preemption in Florida – Cities challenge the legislature • Tragic Fire leads to Grand Jury recommendations • NYC judge finds Pawnshop law requiring inspections unconstitutional

IMLA's 5 things to know for April 3, 2018. Listen to this podcast to learn about the below! • March Madness over is Shot Clock finished • Seizing a phone – no immunity • DPPA not violated when lobbying • No immunity in pro se case for denial of medical treatment • Immunity applicable for officers using force on mentally ill man they were helping

IMLA's 5 things to know for April 2, 2018. Listen to this podcast to learn about the below! • Supreme Court slams 9th Circuit • You don’t live there if you don’t have gas, electric or water. • You can’t us FOIA to learn if we’re investigating you • Public policy trumps at will employment in South Carolina • No Qualified Immunity when facts in dispute

IMLA's 5 things to know for March 22, 2018. Listen to this podcast to learn about the below! • The Great Divide Sanctuary vs illegality • Pursuing Social Justice through Affirmative Litigation • Who can hire outside counsel for a city? • Establishment Clause and a “Christmas Spectacular” • Rats, Rats, Rats, everyhere – what to do.

IMLA's 5 things to know for March 21, 2018. Listen to this podcast to learn about the below! • ADA proving prohibitive costs and standing • Why lawyers are important • Preemption – Electro Magnetic Fields • Food Truck Regulations – Institute of Justice • Why Section 1983 has lost its meaning and virtue

IMLA's 5 things to know for March 20, 2018. Listen to this podcast to learn about the below! • Does knocking on a door violate the ADA? • Supreme Court to consider major issues such as legislative prayer • Supreme Court asked to terminate qualified immunity • San Francisco wins major case against Home Away • San Jose thwarts defense of non-conforming use for medical marijuana collective

IMLA's 5 things to know for March 19, 2018. Listen to this podcast to learn about the below! • Firefighter Residency requirements –you gotta sleep there. • Salary savings as proof of age discrimination • Cell Towers in dedicated parks – Conversion from park usage? • Standing to challenge disturbing schools laws and disorderly conduct laws • Chief Legal Officers Forum – Learning from the Iditarod

IMLA's 5 things to know for March 15, 2018. Listen to this podcast to learn about the below! • Does IT wag the dog or the dog wag IT? • Preemption in Washington involving recreational marijuana sales • Exigency and Qualified Immunity • Holding a gun on a suspect constitutes excessive force • Holding a person under civil commitment like a pre-trial detainee is punishment

IMLA's 5 things to know for March 14, 2018. Listen to this podcast to learn about the below! • Correction on Nashville vs. MaMahon • 5th Circuit says no 4th Amendment violation to detain for ICE • Library of Congress digitizes Supreme Court decisions • 11th Circuit grants immunity to Atlanta police for arrests under anti-mask statute • Chutzpah in the 7th Circuit

IMLA's 5 things to know for March 12, 2018. Listen to this podcast to learn about the below! • IMLA files Amicus brief in important FMLA case • Welcome Shauna Billingsley • Qualified Immunity under attack • Columbus closes nuisance carry-outs • Sharing Internal Affairs files with prosecutors

IMLA's 5 things to know for March 9, 2018. Listen to this podcast to learn about the below! • Does a finding of Probable Cause at a pretrial hearing preclude a false arrest suit? • Must you record a marriage license to get a divorce? • Voting by mail – when is the election void • Common sense reigns in 7th Circuit FMLA decision • NC SCT upholds claims under constitution to grieve a failing promotional exam grade

IMLA's 5 things to know for March 8, 2018. Listen to this podcast to learn about the below! • NYC police personnel records disclosed • Baltimore sues over loss of Teen Pregnancy Prevention funding • 11th Circuit uses body cam video to grant immunity • 9th Circuit denies immunity to Child Protective Service Workers • NC Supreme Court confirms no good deed goes unpunished – town loses

IMLA's 5 things to know for March 6, 2018. Listen to this podcast to learn about the below! • Code Enforcement roadblocks • Transparency in campaign finance the Google haze • Fines and Fees – 8th Amendment issue? • Regretting the emails you send • What’s left on the Supreme Court’s plate

IMLA's 5 things to know for March 5, 2018. Listen to this podcast to learn about the below! • Supreme Court to Consider overturning Williamson County Rule • His Truck is his Castle – • License renewal not a property right • No interlocutory appeal when facts are diputed • Must sue officers in individual capacity to hold them liable

IMLA's 5 things to know for March 2, 2018. Listen to this podcast to learn about the below! • Qualified Immunity – bringing a gun to a knife fight • Deadly force – what jury instructions are proper • Takings – must compensation be sought in state court • No immunity for failing to knock before executing a warrant • Can’t remove the clerk without an affidavit

IMLA's 5 things to know for March 1, 2018. Listen to this podcast to learn about the below! • Supreme Court Conference Docket tomorrow • Prayer by local government legislative bodies • Can you arrest someone for praying • Macomb County Clerk – a fight rages • Off duty officer kills armed robber – not liable for deadly force

IMLA's 5 things to know for February 27, 2018. Listen to this podcast to learn about the below! • Supreme Court hears First Amendment case • Political Correctness embarrassment • Collars for Dollars? The NYT trumped up scandal • Sessions lambasts courts and “nationwide injunctions” • First Circuit adopts rule on emergency aid exception to warrant requirement

IMLA's 5 things to know for February 27, 2018. Listen to this podcast to learn about the below! • Does probable cause prevent a suit for First Amendment retaliation? • Indemnifying Police • Men’s rights and girl’s empowerment camps • Tax Increment Financing • Ten Commandments how many are not religious?

Should SCOTUS overturn Quill Corp. v. North Dakota? Lisa Soronen of the State and Local Legal Center shares her thoughts and more. This week, Municast addresses the ramifications of South Dakota v. Wayfair—a tax case that could overturn more than 50 years of legal precedent and will have enormous financial implications for both local governments and states. SCOTUS blog summary: http://www.scotusblog.com/case-files/cases/south-dakota-v-wayfair-inc/

IMLA's 5 things to know for February 26, 2018. Listen to this podcast to learn about the below! • ADEA 20 employee limit does it apply to local governments? • Blocking a nasty tweeter • Chicago fights back on sanctuary cities • 2nd Circuit says New York handgun law survives 2nd Amendment challenge • Ethics Webinar tomorrow

IMLA's 5 things to know for February 22, 2018. Listen to this podcast to learn about the below! • Are Facebook posts Public Records? • Did the Court grant cert improvidently and what about what’s not in the record? • Congratulations to Sozi Tulante and Marcel Pratt • What’s up in Riverside? • The 21st Amendment trumped?

IMLA's 5 things to know for February 21, 2018. Listen to this podcast to learn about the below! • Park Use Registration Requirement Upheld • Sixth Circuit smacked down – no benefits for life • Uber and Lyft cause congestion • Being a Supreme Court Lawyer • Caught Lifting – the loss of pension benefits

IMLA's 5 things to know for February 20, 2018. Listen to this podcast to learn about the below! • Indianapolis fight averted • NYC seeks to join in fight involving Fox Business’s Charles Payne • Milwaukee pursues landlord • 6th Circuit says Congress can’t create damage claim without injury • Learn for the Iditarod at the IMLA CLOF

IMLA's 5 things to know for February 14, 2018. Listen to this podcast to learn about the below! • Valentines Day • Can’t discharge probationer for adulterous affair • Excluded evidence • Discrimination still alive • Graffiti artists protected under VARA

IMLA's 5 things to know for February 9, 2018. Listen to this podcast to learn about the below! • Opium and Opioids • Columbus cracks down on nuisance hotels • Seattle seeking to turn back the clock on marijuana • Does a city council have standing • Qualified immunity and consent to search

IMLA's 5 things to know for February 7, 2018. Listen to this podcast to learn about the below! • EU GPDR regulations • Kirkwood shooting 10 years ago today • Religious accommodation involving insurance • Dockless bikeshare • ABA Sexual Harassment policy

IMLA's 5 things to know for February 6, 2018. Listen to this podcast to learn about the below! • Can’t fire your opponent from your election • Enforcing claims against an abusive landlord • More on enforcing claims against landlords • Thwarting suspicious suits • Forced Speech at the Supreme Court