Here’s how local governments fared in the federal courts of appeals during the past week.
First Circuit
- National Association of Tobacco Outlets v. City of Providence, No. 13-1053 (Sept. 30, 2013) (finding that City’s tobacco-sales ordinance, designed to reduce youth tobacco use, does not violate First Amendment and is not preempted)
Fifth Circuit
- Marceaux v. Lafayette City-Parish Consolidated Government, No. 13-30332 (Sept. 30, 2013) (finding that district court improperly granted protective order requiring officers suing police department to remove website)
Eleventh Circuit
- Dawkins v. Fulton County Government, No. 12-11951 (Sept. 30, 2013) (declining to apply equitable estoppel to extend Family Medical Leave Act coverage for County employee who brought claim that did not qualify under FMLA).
- T-Mobile South, LLC v. City of Roswell, No. 12-12250 (Oct. 1, 2013) (ruling that City satisfied “in writing” requirement under Communications Act by sending letter notifying cell-tower applicant that it had denied permit application and referencing minutes of hearing)