Understanding Equal Protection and Local Government Discretion in Legal Seminars
Explore key concepts such as the 14th Amendment, levels of equal protection, Class of One doctrine, and relevant legal cases like Olech v. Village of Willowbrook and Engquist v. Oregon Dept. of Agriculture discussed during the 13th Annual Local Government Seminar on January 19, 2017, shedding light on how the principles of equal protection apply in local government scenarios.
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Presentation Transcript
Equal Protection and Local Government Discretion Eric Farrar Olson & Olson, LLP efarrar@olsonllp.com 13th Annual Local Government Seminar January 19 2017
14th Amendment No State shall deny to any person the equal protection of the laws. Persons similarly situated should be treated alike 13th Annual Local Government Seminar January 19 2017
Level of Equal Protection Race, alienage, national origin Strict Scrutiny Gender Intermediate Scrutiny No suspect class Rational Basis 13th Annual Local Government Seminar January 19 2017
Class of One Supreme Court has said Equal Protection protects persons, not groups Class of One Individual singled out for different treatment Not based on membership in a group 13th Annual Local Government Seminar January 19 2017
Olech v. Village of Willowbrook Olechs applied for connection to city water City requested 15 foot easement from all others Demanded 33 foot easement Olechs previously sued City; alleged this was motivation 13th Annual Local Government Seminar January 19 2017
Olech Supreme Court Class of one Intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment Lower court required ill will Supreme Court not address subjective motive 13th Annual Local Government Seminar January 19 2017
Engquist v. Oregon Dept of Agriculture State job; nine years Some previous trouble with fellow employee New department head Indication he wanted to get rid of Engquist Fellow employee promoted despite Engquist having more experience Job eliminated 13th Annual Local Government Seminar January 19 2017
Engquist Supreme Court Government may have two hats Lawmaker, regulator, sovereign v. Employer, proprietor Employment inherently subjective, individualized Practical considerations 13th Annual Local Government Seminar January 19 2017
Class of One Limits? Olech Zoning (i.e., sovereign) Clear standard (i.e., difference is apparent) Engquist Employment decision Subjective, individualized determinations 13th Annual Local Government Seminar January 19 2017
Integrity case City PD gets off county towing rotations and starts its own Selects 2 companies, omits 2 Omitted 2 ask Why? PD sends list of criteria Omitted 2 says they met those criteria 13th Annual Local Government Seminar January 19 2017
Integrity Fifth Circuit Hiring private tow company similar to employment subjective, individualized decisions Some factors not objective Reputation, experience Practical reasons Court cannot review countless discretionary decisions Proof: treated differently for discriminatory purpose 13th Annual Local Government Seminar January 19 2017
Lessons learned Olech Objective Zoning Permits/Licenses Sovereign Regulator Licensing Engquist Subjective Discretionary Intangible Proprietor Employer Selecting outside services 13th Annual Local Government Seminar January 19 2017
Example Officer monitoring speed Multiple speeders Only one pulled over and cited Is this a Class of One ? Not all speeders can be stopped Thus, some discretion 13th Annual Local Government Seminar January 19 2017
Example House fire High winds Begin spraying down one nearby house, but not others Is this a Class of One ? Not a blanket regulation Subjective; individualized; intangible 13th Annual Local Government Seminar January 19 2017
