City of St. Louis v. State of Missouri

CourtSupreme Court of Missouri
DecidedJanuary 30, 2024
DocketSC99876
StatusPublished

This text of City of St. Louis v. State of Missouri (City of St. Louis v. State of Missouri) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of St. Louis v. State of Missouri, (Mo. 2024).

Opinion

SUPREME COURT OF MISSOURI en banc CITY OF ST. LOUIS, et al., ) Opinion issued January 30, 2024 ) Appellants, ) ) v. ) No. SC99876 ) STATE OF MISSOURI, et al., ) ) Respondents. ) )

APPEAL FROM THE CIRCUIT COURT OF COLE COUNTY The Honorable Jon E. Beetem, Judge

The City of St. Louis (“City”) and Heather Taylor (collectively, “Appellants”) appeal

the circuit court’s judgment sustaining the State’s motion for judgment on the pleadings and

denying Appellants’ request for a declaration that Senate Bill No. 26 (“SB 26”) violates the

Missouri Constitution. Appellants bring six points on appeal, five of which allege the circuit

court erred in sustaining the State’s motion for judgment on the pleadings 1 because SB 26

1 This Court recognizes that Century Casinos, Inc., (“Intervenor”) intervened in this case and filed a motion for partial judgment on the pleadings, arguing Appellants’ counts I and II, relating to SB 26’s alleged violations of the original-purpose and single-subject rules and SB 26’s alleged unconstitutional unfunded mandate, were without merit. Intervenor also argued invalidating the statute would not be the proper remedy if the circuit court were to find a constitutional violation. Along with the State’s motion for judgment on the pleadings, the circuit court also sustained Intervenor’s motion for partial judgment on the pleadings. Because the State’s and Intervenor’s contentions regarding Appellants’ Points I and II are violates the Missouri Constitution. Alternatively, Appellants allege the circuit court erred in

sustaining the State’s motion for judgment on the pleadings because, if SB 26 is deemed

constitutional, the City is already in compliance with SB 26’s requirements. Finding the City

sufficiently pleaded the elements of a Hancock Amendment violation, 2 the circuit court’s

judgment is reversed as to Point II, and the case is remanded on that point. Finding SB 26

has the same purpose as enacted as introduced, does not impose new duties on city employees

or allocate funds for public purposes, and has a rational basis for treating law enforcement

officers differently from other city employees, this Court affirms the judgment with respect to

Appellants’ remaining points.

Factual and Procedural Background

SB 26 was introduced in December 2020. In its original iteration, SB 26 contained

two sections, seeking to amend chapter 574 to add the offense of “unlawful traffic

interference” and chapter 590 to add procedures for imposing discipline on law enforcement

officers (known as the “Law Enforcement Officers’ Bill of Rights”). 3 By the time the bill

was perfected in February, 2021, the bill sought to amend or enact seven sections. 4 SB 26

substantially similar, this Court refers only to the State’s motion for judgment on the pleadings. 2 Article X, sections 16 through 24 of the Missouri Constitution are known as the Hancock Amendment. 3 All references are to RSMo Supp. 2022 unless otherwise specified. 4 The five additional provisions relate to: taxpayer standing to bring a claim for alterations in the local law enforcement budget (section 67.030.2); the possible forfeiture of a police commissioner (section 84.400.2); offenses relevant to parole ineligibility (section 557.045(4)); vandalism of public property (section 574.085.1(7)); and the creation of the “988 Public Safety Fund” (section 590.192). 2 was then sent to the Missouri House of Representatives. Ultimately, the bill as finally signed

into law in July, 2021, contained 88 sections. 5

The City filed suit in December, 2021, requesting declaratory judgment on five

grounds: (I) SB 26 violates the original-purpose and single-subject requirements contained in

article III, sections 21 and 23 of the Missouri Constitution; (II) SB 26 creates an unfunded

mandate in violation of the Hancock Amendment; (III) SB 26 violates article VI, section 22

by imposing additional or enlarged duties on officers and employees of a constitutional

charter city; (IV) SB 26 violates article III, section 38(a) by requiring the City to provide

public funds for private purposes; and (V) SB 26 violates the right to equal protection of

employees who are not law enforcement officers by creating a due process scheme favoring

law enforcement officers. The City is a constitutional charter city. 6 See Mo. Const. art. VI,

5 These additional provisions purport to amend 44 provisions relating to the Missouri Department of Corrections (sections 56.380, 56.455, 105.950, 149.071, 149.076, 214.392, 217.010, 217.030, 217.250, 217.270, 217.362, 217.364, 217.455, 217.541, 217.650, 217.690, 217.692, 217.695, 217.710, 217.735, 217.829, 549.500, 557.051, 558.011, 558.026, 558.031, 558.046, 559.026, 559.105, 559.106, 559.115, 559.115, 559.125, 559.600, 559.602, 559.607, 566.145, 571.030, 575.205, 575.206, 589.042, 650.055, and 650.058); the role of the chairperson of the parole board (section 217.655); regulations of battery-charged fences (section 67.301); regulations of physical security measures (section 67.494); emergency services systems’ eligibility for financial assistance (section 650.335); immunity of public agency operating emergency systems (section 190.307); parole eligibility (sections 217.690, 217.692, and 557.045); pesticide certification and training (sections 281.015-.101); emergency lights on vehicles (sections 304.022 and 307.175); the sale of alcohol by felony offenders (sections 311.060, 311.660, and 313.220); the definition and regulation of gambling boats (sections 313.800, 313.805, and 313.812); surveillance cameras on private property (section 542.525); protection of special victims (section 565.058); the criminalization of interference with a health care facility (section 574.203); the criminalization of interference with an ambulance service (section 574.204); and peace officer licensure (section 590.030). 6 The Missouri Constitution grants certain cities the authority to adopt and amend a charter, intending to grant such cities “broad authority to tailor a form of government that its citizens 3 sec. 19. The City alternatively requested declaratory judgment finding it in compliance with

SB 26 because the City’s charter provides procedures substantially similar to SB 26.

In March, 2022, the State filed its answer and a motion for judgment on the pleadings,

alleging it was entitled to judgment as a matter of law because SB 26 does not violate the

Missouri Constitution, Appellants lacked standing to bring an unfunded mandate claim, and

Appellants’ request for declaratory judgment regarding the City’s compliance with SB 26

under its current charter was not justiciable.

In November, 2022, the circuit court sustained the State’s motion for judgment on the

pleadings and Intervenor’s motion for partial judgment on the pleadings and overruled the

City’s cross-motion for judgment on the pleadings. Regarding each claim, the circuit court

found: (I) SB 26 retained its original purpose throughout the amendment process; (II) for each

allegedly new requirement, the City was either already conducting such activities or the City

could not demonstrate the allegedly new activities would incur additional costs; (III) SB 26

does not impose duties on any particular charter city employee; (IV) a police officer is not a

private person and, alternatively, if a police officer is a private person, the grant that occurs

only when officers act “under the color of law” is for the public purposes of incentivizing

“police officers to act to protect the public rather than turn a blind eye” and incentivizing

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