Q. Is Billings legally able to pass and enforce an ordinance or will it just get struck down in court? A. As a general rule, local government units with self-government powers, such as a charter city like Billings, may generally exercise any power not expressly prohibited by state law. While the city will need to avoid any conflict with state law and conform to state law rules regarding local authority and state preemption, there is no express prohibitory language in state law that would bar the City from passing an ordinance that did not relax or lower the non-discrimination provisions that are found in the Montana Human Rights Act. The ordinances drafted in Missoula, Helena, and Butte were drafted to ensure that those cities would be enacting regulations that are within their authority to pass and enforce. Billings is no different. We need to let the council now that NOW is the time for them to pass this.
Posted on: Fri, 08 Aug 2014 21:31:04 +0000
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