New Firefighter Residency Law Challenged

On June 25, 2010, Missouri Governor Jay Nixon signed a bill into law that eliminated the residency requirement for St. Louis firefighters. On July 1, 2010, the City of St. Louis filed suit to challenge the law.

The law was enacted by the state at the request of St. Louis Firefighters, IAFF Local 73. It is scheduled to go into effect on August 28, 2010, and would eliminate the residency rule imposed on firefighters. Oddly enough, St. Louis has a residency requirement for firefighters, but not for police, teachers, and certain other city employees.

St. Louis Mayor Francis Slay has been threatening all along to challenge the law as violating the city’s charter and the rights of St. Louis residents to set their own employment requirements. "We are a charter city and unless there's a compelling state interest, this is none of their business" said Jeff Rainford, Mayor Slay's Chief of Staff.

Local 73 President Chris Molitor is quoted as saying "All this bill does is gives employees of the Fire Department the exact same residency rules that the Police Department operates under."

To view the new law: Download SB739FirefightersResidency

 

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.
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