Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
The city of Tulsa has removed a controversial lawsuit brought by Tulsa Firefighters IAFF Local 176 in state court, to Federal court.
The suit was filed by Local 176 on June 22, 2011 seeking to block an executive order that prohibits firefighters from engaging in municipal election activities. The suit alleged a violation of the First Amendment to the US Constitution, as well as violations of the Oklahoma Constitution, state law, and city ordinances. Here is the blog about the original filing.
The city’s move is purely a strategic one. It is permitted because a Federal issue (First Amendment) was raised. Why would the city ask for removal?
Federal courts are generally known to be more strict and usually operate on shorter time frames than state courts. In addition, Federal courts are more experienced in deciding Federal issues such as First Amendment cases.
However, probably the most important strategic reason for the removal involves the difference between a Federal jury and an Oklahoma jury. In Federal court a plaintiff must obtain a unanimous jury verdict to prevail whereas in Oklahoma state court a ¾ vote of the jurors is all that is required. Thus by removing the case to Federal court the union will have to convince an entire jury – unanimously – in order to prevail.
