Dist. Ct. did not err in granting defendant’s motion to dismiss plaintiff’s action that challenged on First Amendment grounds Indiana statute that prohibited plaintiffs (elected office holders to municipal offices) from also being employed by same municipality to which plaintiffs held their elected offices. Instant statute was subject only to rational test, and instant statute otherwise fell squarely within bounds of Clements, 457 US 957, that upheld law requiring municipal candidates to resign from their employment positions prior to running for elected office in same municipality. Ct. rejected plaintiffs’ argument that instant statute implicated fundamental rights that deserved heightened scrutiny and further found that Indiana had compelling interest in avoiding corruption and self-dealing, where plaintiffs, as elected officials as elected officials, might have authority to set their own compensation for their employment positions.
Federal 7th Circuit Court
Civil Court
First Amendment