Also known as: local governments · municipal government
Written by attorneys · grounded in primary & secondary sources — see below
A governing body at a lower level than the state government that exercises authority over a particular locality such as a city or county. The term encompasses school districts, fire districts, transportation authorities, and other special-purpose districts.
Lakeshore Industries submits the lowest bid for a city construction contract. City officials award the contract instead to a minority-owned firm under a local preference program. Lakeshore sues, arguing the racial classification triggers strict scrutiny. The court applies that standard to the local government's action.
Logan Lane works as a sanitation employee for the city. The city pays overtime only after eighty hours in a two-week period. Lane sues under the Fair Labor Standards Act. The court upholds Congress's power to impose the federal wage rules on the local government.
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Latoya Lane lives with her grandson and two great-grandchildren in a single-family zone. The city enforces an ordinance that counts only certain blood relations as one family. Lane challenges the restriction after receiving a violation notice. The court examines whether the local rule violates substantive due process.
Lumen Capital purchases property intending to open an adult movie theater. The city enacts a zoning rule confining such theaters to a small industrial area. Lumen sues, claiming the ordinance suppresses speech. The court reviews whether the local government's location rules are content neutral and narrowly tailored.
Lily Lopez owns Grand Central Terminal through Penn Central. The city designates the building a landmark and denies permission for a large office tower above it. Lopez claims the restriction constitutes a taking. The court analyzes whether the local government's preservation rules deny all economically viable use.
Lorenzo Lugo applies for a building permit to enlarge a church. The city denies the application under an ordinance requiring special approval for religious structures. Lugo sues, asserting the denial burdens religious exercise. The court considers whether the local government's land-use decision exceeds congressional enforcement power under the Fourteenth Amendment.
All governmental racial classifications imposed by local governments are subject to strict scrutiny. The classification must be narrowly tailored to further a compelling governmental interest. This rule applies whether the preference confers burdens or benefits.
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Congress has power under the Commerce Clause to extend the Fair Labor Standards Act to state and local governments. Protection for states occurs through the political process rather than judicial limits on traditional governmental functions. Courts defer to Congress when it regulates states and private entities alike.
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When a local government enacts a safety ordinance that expressly states required conduct, the ordinance itself sets the standard of conduct. A jury decides whether the regulated party violated the ordinance and whether the violation caused injury. Financial hardship does not alter the standard fixed by the ordinance.
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…past decades. As more than 100 amici make clear in their filings, many of the central institutions in American life—state and local governments, the military, large and small businesses, labor unions, religious organizations, law enforcement, civic groups, professional organizations, and universities—have devoted substantial…