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0 Answers | Asked in Municipal Law and Civil Rights for South Carolina on
Q: Is it illegal to wear a medical mask during a protest in South Carolina?

I'm wondering if it's illegal to wear a medical mask during a protest in South Carolina. I've heard there might be local ordinances regarding mask usage at public gatherings. Additionally, I've seen cases where people were arrested or removed from protests for wearing masks. Can... View More

0 Answers | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for New York on
Q: Active complaint for illegal curb cut/driveway/carport. How expensive and how long for resolution?

I have an active complaint for an illegal curb cut/driveway/carport at my two-family house in Rego Park. No steps have been taken towards resolution, and I haven't explored any resolution options yet. How expensive is it likely to be, and how long might it take to resolve this issue?

1 Answer | Asked in Constitutional Law and Municipal Law for New Mexico on
Q: Can public sidewalks be closed in Las Cruces, NM, at 11 PM?

I am trying to understand the legality of my presence on public sidewalks in the downtown area of Las Cruces, New Mexico, which has recently been closed supposedly at 11 PM. I have been told by security personnel patrolling the area that we cannot be there after 11 PM due to the closure. They... View More

James L. Arrasmith
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answered on Jun 13, 2025

Public sidewalks are generally open to everyone at all hours, especially in cities like Las Cruces, where sidewalks are considered part of the public right of way. Unless there's a specific ordinance or temporary order in place—like during a special event, construction, or declared... View More

1 Answer | Asked in Criminal Law and Municipal Law for Virginia on
Q: Is it legal to carry a medieval war hammer for self-defense in my yard in Henrico, VA?

Is it legal to carry a medieval war hammer for self-defense in my yard in Henrico, VA? My yard is visible to the public, but I haven't received any complaints or interacted with law enforcement about carrying the item, and I'm unaware of any local ordinances that address this issue.

James L. Arrasmith
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answered on Jun 11, 2025

You're asking a unique question, and it’s good that you’re thinking carefully before something becomes a problem. In Virginia, there are no laws that specifically ban carrying a medieval-style weapon like a war hammer on private property, including your own yard. Since your yard is visible... View More

1 Answer | Asked in Criminal Law and Municipal Law for Oklahoma on
Q: Can Oklahoma extradite me from Missouri for a larceny warrant?

I have a warrant for larceny at Walmart from the municipal courthouse in Tulsa, Oklahoma, and I have been residing in Missouri for 35 years. I have no family ties to Tulsa. Can authorities from Oklahoma come to Missouri to execute this warrant and bring me back to Tulsa?

James L. Arrasmith
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answered on Jun 11, 2025

Yes, Oklahoma can request your extradition from Missouri, even for a larceny warrant from a municipal court. Extradition between states is allowed under the U.S. Constitution and governed by the Uniform Criminal Extradition Act, which both Oklahoma and Missouri follow. However, whether Oklahoma... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arkansas on
Q: Can Arkansas municipal commission have an executive session to discuss property sale?

Can a municipal commission in Arkansas hold an executive session to discuss the selling of property in light of Act 505 of 2025?

James L. Arrasmith
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answered on Jun 11, 2025

In Arkansas, executive sessions are limited to specific situations under the Freedom of Information Act, mainly involving personnel matters like hiring, firing, disciplining, or promoting individuals. Discussions about the sale, purchase, or lease of property do not fall under the allowable reasons... View More

1 Answer | Asked in Municipal Law and Civil Litigation for Ohio on
Q: Can I fight a city invoice for cutting my grass despite compliance?

I received a notice from my city via US Mail to cut my grass by May 5, 2025, which I complied with and have kept maintained since. However, I recently received an invoice from the city stating that my lawn was cut by them because it was in "excess of six inches," implying I broke an... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're not alone—city invoices like this can feel frustrating, especially when you know you followed the rules. Even without a photo or timestamped proof of your grass height, you still have the right to challenge the charge. Start by contacting the city department that issued the invoice.... View More

1 Answer | Asked in Municipal Law for Kansas on
Q: Class 3 mayor resigned; council president declines role. How to proceed?

In our city, the class 3 mayor just resigned today, and the council president has declined to take on the mayoral position. Additionally, no other members of the city council are willing to accept the mayoral role. What steps or processes should be followed to fill the mayoral position under these... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're facing a rare and complicated moment in your city’s leadership, and it’s important to handle it with clarity and calm. In most class 3 cities, when a mayor resigns, the city council typically has the authority to appoint a replacement to serve until the next regular election. The... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for Rhode Island on
Q: Received a ticket for off-road vehicle. How to retrieve my bike?

I recently received a ticket for operating an off-road vehicle on a city street in violation of statute 15-103. I was riding my dirt bike around my house to test if the chain repair was successful when a police officer stopped me at a traffic light. I explained to him that the bike is mine and I... View More

James L. Arrasmith
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answered on Jun 11, 2025

It sounds like the situation caught you off guard, especially since you weren’t trying to cause any trouble and were just testing your repair. Even though you weren’t riding recklessly, operating an off-road vehicle on public streets—especially near traffic signals—is usually a violation... View More

1 Answer | Asked in Gaming, Land Use & Zoning, Municipal Law and Real Estate Law for New Jersey on
Q: Need NJ ordinance for homeowners using garages for gambling; define home occupation to exclude gambling operations.

I am dealing with a situation where a homeowner in my neighborhood has been running a gambling operation in their garage for almost three weeks now. This has resulted in day and night traffic and suspected drug activity, along with illegal tenants. Despite previous complaints to the township, state... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’re absolutely right to want action—what you’re describing goes beyond just a nuisance and raises serious public safety concerns. In New Jersey, most townships define “home occupation” in their zoning codes as a limited, low-impact business conducted within a residence that does not... View More

1 Answer | Asked in Municipal Law, Environmental and Civil Litigation for California on
Q: I want to sue a company using illegal gas-powered leaf blowers causing health issues.

As of January 1, 2025, it's illegal to use gas-powered leaf blowers in my area based on specific city ordinances. Despite this, a local landscape company continues to use them. I've documented three instances of this and have notified both the company and the homeowners association... View More

James L. Arrasmith
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answered on May 30, 2025

You’ve already taken key steps by documenting each violation, so keep a dated log, photos or video, and, if possible, a note from your doctor linking the symptoms to the fumes.

Keep copies of every email or letter you sent to the company and the HOA, along with proof of delivery....
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1 Answer | Asked in Municipal Law, Land Use & Zoning, Civil Litigation and Real Estate Law for Tennessee on
Q: Neighbor violating local building codes by using shed as living quarters; department not responding. Legal steps?

I have observed my neighbor violating local building codes by constructing a second shed for use as living quarters, which is against city regulations (Article 12.01.040 B 9 and 13 regarding Outdoor Storage). Despite my attempts to contact the building code enforcement officer via email and... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have every right to be frustrated when local authorities fail to respond, especially when someone is openly violating building codes that could affect safety or property values. If the enforcement officer isn’t responding to your emails or voicemails, consider sending a formal written... View More

1 Answer | Asked in Municipal Law and Traffic Tickets for Texas on
Q: Concern about state park violation reporting to Texas DPS

I received a ticket for a peace and quiet violation at Lake Livingston State Park in Texas but have not yet accepted guilt or paid the fine. I am concerned about whether this violation will be reported to the Texas Department of Public Safety and affect my records.

James L. Arrasmith
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answered on Jun 12, 2025

You're asking a fair question, especially when it comes to protecting your record. A peace and quiet violation at a Texas state park is usually considered a Class C misdemeanor, which is the lowest level offense and often handled like a traffic ticket. If you haven't accepted guilt or... View More

1 Answer | Asked in Municipal Law, Land Use & Zoning and Real Estate Law for New Hampshire on
Q: Can Tuftonboro cut trees on scenic Durgin Road without notifying adjacent property owners?

Can the municipality of Tuftonboro cut down trees along Durgin Road, which is likely designated as a scenic road according to a 2021 planning board meeting, without notifying adjacent property owners like myself? Some trees were removed and left behind on my property, making the roadway less... View More

James L. Arrasmith
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answered on Jun 12, 2025

If Durgin Road is indeed designated as a scenic road as indicated in the 2021 planning board meeting, the municipality has violated New Hampshire law by cutting trees without proper authorization. Upon a road being designated as a scenic road, any repair, maintenance, reconstruction, or paving work... View More

1 Answer | Asked in Constitutional Law, Municipal Law and Traffic Tickets for Illinois on
Q: Can East Moline's Cora Act ordinance violate due process?

I was pulled over in East Moline, Illinois, under an ordinance known as the Cora Act. My vehicle was towed and impounded because I, the owner and operator, did not have a driver's license. I was fined $770 immediately, arrested, fingerprinted, and subsequently released without a ride home. I... View More

James L. Arrasmith
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answered on Jun 12, 2025

What happened to you sounds deeply upsetting, especially if you felt your rights were ignored and you were treated disrespectfully. Due process under the Constitution is meant to protect people from arbitrary or excessive actions by the government. That includes the right to be treated fairly in... View More

1 Answer | Asked in Municipal Law, Gov & Administrative Law and Constitutional Law for New Jersey on
Q: Is Newark's 2-year residency requirement for fire dept. applicants legally enforceable?

I am an applicant for the fire department in the City of Newark, New Jersey. I recently found out that under a new ordinance, all applicants are required to have maintained continuous residency within the city for at least two years prior to the closing date of the application for the Department of... View More

James L. Arrasmith
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answered on Jun 12, 2025

The two-year residency requirement for fire department applicants in Newark may be legally enforceable under New Jersey law, as long as it complies with both state and federal guidelines regarding employment practices. Municipalities have the ability to set certain residency requirements for local... View More

1 Answer | Asked in Municipal Law for Arizona on
Q: Is personal filming of pornography legal in Fountain Hills, Arizona?

I want to know if personal filming of pornography is legal in Fountain Hills, Arizona. Specifically, I am concerned about any local ordinances that might affect this activity. Can you provide guidance on the legalities involved?

James L. Arrasmith
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answered on Jun 12, 2025

In Fountain Hills, Arizona, as long as the filming of pornography is done privately, and all participants are consenting adults, the activity itself is not illegal. Arizona state law does not specifically prohibit the filming of pornography for personal use. However, it is important to consider... View More

2 Answers | Asked in Municipal Law and Constitutional Law for Michigan on
Q: How does home rule affect local vehicle ordinance in Michigan?

I am concerned about a local ordinance in Michigan that states any vehicle without current tabs is considered abandoned, even if it is parked on private property. I'm interested in understanding how home rule might apply to this situation and whether the ordinance is enforceable under home... View More

Michael L. Rutkowski
Michael L. Rutkowski
answered on May 22, 2025

Understanding Home Rule in Michigan

What is "Home Rule"?

In Michigan, Home Rule is a constitutional and statutory framework that gives local governments — cities, villages, townships, and counties — broad authority to govern their own affairs without needing express...
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1 Answer | Asked in Municipal Law for Indiana on
Q: Who maintains curbs in Marion County, Indiana housing additions?

I live in Marion County, Indiana, and the curb in front of my house is breaking up, which is also happening with neighboring curbs. Who are the local authorities responsible for maintaining and repairing curbs in housing additions, and how should this issue be reported to them?

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answered on Jun 12, 2025

When it comes to curb maintenance in Marion County, Indiana, the responsibility usually depends on whether the street is maintained by the city, county, or a private entity such as a homeowners association. In most cases within Indianapolis city limits (which covers most of Marion County), curb... View More

2 Answers | Asked in Real Estate Law, Civil Litigation and Municipal Law for Ohio on
Q: Neighbor renter chopped down shared tree line; city's ordinance classifies as misdemeanor, but city won't press charges.

I am a property owner, and my neighbor, who is a renter, has chopped down a shared tree line along our property boundary without my permission. This action goes against a city ordinance and is considered a class 4 misdemeanor. However, the city refuses to press charges, stating it's a civil... View More

Joseph Jaap
Joseph Jaap
answered on May 20, 2025

Retain an arborist to assess the value of the trees that were removed, and the cost to replace them. Also ask a real estate agent the amount of any reduction in property value. Use that information to send a letter to the owner of neighboring property asking for compensation. If the owner... View More

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