SOUTH PORTLAND – The Maine Supreme Judicial Court today ruled that a City of South Portland policy prohibiting all city employees from running for or serving in city elected office violated the rights of two city employees.
Attorney David Lourie brought the lawsuit on behalf of Karen Callaghan and Burton Edwards, both school board members and part-time city employees when South Portland expanded its policy to include candidacy for school board positions. The ACLU of Maine filed an amicus brief on behalf of Callaghan and Edwards, arguing that while cities have the ability to regulate employee activity, they cannot regulate more than is necessary to ensure that the city is able to operate in an orderly manner. The ACLU argued that the South Portland policy went too far in restricting the First Amendment rights of the employees. In a 5-1 decision, Maine’s highest court agreed.
The following can be attributed to Zachary Heiden, legal director of the ACLU of Maine:
“This decision is a victory for free speech. People do not give up their fundamental constitutional rights when they take a government job. The Law Court has made it clear that government restrictions on fundamental rights must be designed to address real—not hypothetical— problems. The restrictions put in place by the City of South Portland went too far.”
The ruling is available online here.
