Albuquerque Captain Wins Right to Run for State Office

Posted by: Curt Varone July 26, 2012 0

Albuquerque Fire Department Captain Emily Kane wanted to run for state representative. Standing in her way (besides her opponents) was a city charter provision that prohibited employees from either running for or holding state office.

When Captain Kane was informed by her department that she faced discipline over her decision to run, she decided to challenge the provision as violating her rights under both the Federal and state constitutions.

In June, Second Judicial District Judge Alan Malott granted Captain Kane’s request for a temporary restraining order preventing the city from taking any disciplinary action against her. Last Friday District Judge Beatrice Brickhouse ruled the charter provision to be unconstitutional, a violation of Captain Kane’s First Amendment Rights.

More on the story.

 

AFD captain can’t be fired for campaign: krqe.com

 

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
© Copyright 2017, All Rights Reserved. | FireLawBlog.com & Curt Varone | Privacy Policy | Terms of Use
x

Check Also

FDNY Prevails in Trademark Case With Medic

The US Second Circuit Court of Appeals has handed down a ruling in favor of FDNY concluding that a trademark owned by an FDNY paramedic in the name of "Medical Special Operations Conference" cannot be enforce because it is descriptive.

Family of St. Louis Firefighter LODD Files Suit

The family of a St. Louis firefighter who died in 2022, has reportedly filed suit against the manufacturer of his SCBA alleging that the failure of his PASS device contributed to his death. Benjamin Polson died in a house fire on January 13, 2022.