Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter

Disclaimer

Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Thursday, May 11, 2017

Officers Challenge Police Department Ban on Tattoos


In 2015, the Chicago Police Department issued an order requiring all police officers on duty or otherwise "representing" the police department to cover all tattoos, either with clothing or cover-up tape. The department's stated rationale was to "promote uniformity and professionalism." 

Shortly after the order was issued, three officers sued the City, claiming that the department's order violated their right to free speech. The district court dismissed the lawsuit, and the officers appealed to the 7th Circuit Court of Appeals. While that appeal was pending, the City was also subject to a union grievance challenging the same department order. That grievance went to arbitration, and the arbitrator ruled that the order violated the collective bargaining agreement. As a result of the arbitrator's ruling, the City revoked the order.

The 7th Circuit issued its ruling yesterday, on the officers' appeal of its First Amendment challenge to the department order. The 7th Circuit did not rule on the substance of the appeal since the City had already revoked the challenged order. Instead, the Court remanded the case back to the district court with instructions to vacate its ruling in favor of the City. Medici v. City of Chicago (7th Cir., May 10, 2017).

Although the Court did not expressly rule on whether the tattoo ban violated the First Amendment, language in the decision about the broad scope of the ban, the officers' rights of free expression, as well as the instructions to the district court to vacate its ruling in favor of the City, suggest that the 7th Circuit may have ruled against the City had it reached the merits of this case.

Post Authored by Julie Tappendorf

0 comments:

Post a Comment