HOLDER v. CITY OF ALLENTOWN

No. 92-1358.

987 F.2d 188 (1993)

John W. HOLDER, Appellant, v. CITY OF ALLENTOWN; Emma Tropiano, Individually and in her official capacity as a Councilwoman of the City of Allentown; Benjamin Howells, Individually and in his official capacity as a Councilman of the City of Allentown; Joseph S. Daddona, Individually and in his official capacity as the Mayor of the City of Allentown; Charles F. Wilson, Individually and in his official capacity as the Manager of Personnel and Labor Relations for the City of Allentown; Howard D. Kunik, Individually and in his official capacity formerly as the Director of Administration and Finance of the City of Allentown, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 4, 1993.


Attorney(s) appearing for the Case

John D. Lychak (argued), Gross, McGinley, LaBarre & Eaton, Allentown, PA, for appellant.

Alan M. Black (argued), Black, McCarthy, Eidelman, Feinberg, Anewalt & Kercher, Allentown, PA, for appellees.

Before: GREENBERG, NYGAARD and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Between 1976 and 1990, the city of Allentown, Pennsylvania maintained an ordinance requiring city employees to reside within the city. Between 1985 and 1990, appellant John W. Holder was an employee of Allentown but did not reside within the city. In 1990, Holder wrote a letter to the editor of an Allentown newspaper criticizing the residency requirement. One month after publication of the letter...

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