LODGE NO. 5 OF FOP v. CITY OF PHILADELPHIA

No. 13-1516.

763 F.3d 358 (2014)

LODGE NO. 5 OF THE FRATERNAL ORDER OF POLICE, by John McNESBY, Trustee Ad Litem; COPPAC, by Michael Lutz, Trustee Ad Litem; David Byrne; Shawn Carey; Jeffrey Seamon; Les Baker, Appellants v. CITY OF PHILADELPHIA; Mayor of the City of Philadelphia; Board of Ethics of the City of Philadelphia; J. Shane Creamer, Executive Director of the City of Philadelphia Board of Ethics; William H. Brown; Richard Glazer; Sanjuanita Gonzalez; Phyllis Beck; Michael H. Reed, Members of the City of Philadelphia Board of Ethics.

United States Court of Appeals, Third Circuit.

Filed: August 18, 2014.


Attorney(s) appearing for the Case

Thomas W. Jennings , [Argued], Marc L. Gelman , Jennings Sigmond , Philadelphia, PA, for Plaintiffs-Appellants.

Eleanor N. Ewing , [Argued], Robert D. Aversa , Mark Maguire , City of Philadelphia Law Department Philadelphia, PA, for Defendants-Appellees.

Before: HARDIMAN, SCIRICA and NYGAARD, Circuit Judges.


OPINION

HARDIMAN, Circuit Judge.

In 1951, the Philadelphia City Council enacted a Home Rule Charter which, informed by Philadelphia's history of political patronage, restricted certain political activities by city employees. In this appeal we must decide whether one such restriction, which prevents members of the Philadelphia Police Department from making contributions to their union's political action committee...

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