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Federal court rules city?s residence requirement for firefighters constitutional

By Harvey Randall, Esq.

Federal court rules city?s residence requirement for firefighters constitutional
Ass?n of Cleveland Fire Fighters v. City of Cleveland, USCA, Sixth Circuit, 502. F.3d 545

City of Cleveland firefighters challenged the City?s residency requirement for firefighters, contending that the requirement limited their ?right to travel? and violated their right to equal protection because other city employee?s did not have to satisfy a residence requirement.1

The Circuit Court ruled that it was not unconstitutional for the City to establish residence requirements for some employees and not others.

The court said that the residency requirement for firefighters neither makes classifications along suspect lines nor places any burdens on the firefighters? right to travel.
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1 Although an individual may have but one domicile at a time, i.e., the individual?s place of permanent abode, he or she may multiple residences at any one time and may live in different residences at different times.

For the full text of the decision, go to:

http://www.ca6.uscourts.gov/opinions.pdf/07a0387p-06.pdf

Full post as published by New York Public Personnel Law on April 30, 2008 (boomark / email).