Legal Notes

The U.S. Supreme Court issued an unprecedented number of decisions in its 2023-24 term on free speech and social media. Some of these rulings open the door to future, theoretical legal challenges.

The CARE Act takes a novel, albeit controversial, approach to mental health care. Unlike previous laws, it focuses on incentivizing long-term treatment rather than imprisonment or involuntary commitment. Seven counties have already begun implementation. The rest must follow suit in 2024.

More city officials are looking to drones for code enforcement and public safety. However, these uses are not without controversy. Critics have expressed concerns about privacy implications and a lack of adequate safeguards. Cities also need to consider legal and operational requirements.

In 2018, the U.S. Federal Communications Commission placed stringent limits on local regulations that control the placement of small wireless facilities. Even if your city passed new regulations early on, it could be at risk due to changes in the law that favor the streamlined deployment of all types of wireless facilities. 

Diversity, equity, and inclusion initiatives often stall out due to a lack of personnel, resources, or formal policies. Diversity management is one way that leaders can champion these principles and make meaningful change.

In California, public agencies are legally required to disclose all audio and/or visual recordings related to critical incidents involving law enforcement. However, even cities where critical incidents are rare can benefit from using audio and video resources to improve transparency.

New development projects increase demand on existing public infrastructure. To fund improvements, cities often impose development impact fees, which are governed by the Mitigation Fee Act. Recently, courts have interpreted this law in a more rigid manner, suggesting that any fees held unspent for more than five years must be refunded.

Countless studies have confirmed that bias, particularly unconscious bias, informs our interactions, even in people who are genuinely committed to diversity, equity, and inclusion (DEI). In the workplace, this is commonly expressed in who we prefer to hire.

Through sports leagues, camps, recreation centers, ball fields, courts, and parks, local governments play a large role in providing opportunities for youth recreation. To ensure they can continue to offer such valuable programs for youth in their communities, local governments should also take steps to minimize potential liability risks associated with youth recreation.