(251) 299-0101

Article I, § 25, Ala. Const. 1901, Right to Petition Government for Redress of Grievances

Courtyard Manor Homeowners' Association, Inc. v. City of Pelham, [Ms. 1180683, Oct. 18, 2019] __ So. 3d __ (Ala. 2019). The Court (Sellers, J.; and Parker, C.J., and Bolin, Wise, and Stewart, JJ., concur) affirms an Ala. R. Civ. P. 12(b)(6) order of dismissal from the Shelby Circuit Court where a homeowners' association complained of the failure of the City of Pelham to consider a petition for deannexation from that City. While acknowledging that Article I, § 25, Ala. Const. 1901, provides "[T]he citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the power of government for redress of grievances or other purposes, by petition, address, or remonstrance, the Court refuses to impose any additional duties upon the legislative branch to actually hear, consider, or decide any such petitions by citizens. Citing Smith v. Arkansas State Highway Emps., Local 1315, 441 U.S. 463, 465 (1979), the Court holds that under the equivalent provision of the federal Constitution, the First Amendment does not impose any affirmative obligation on government to listen to petitions or to respond to them. Ms. *8.

Related Documents

Categories: