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.