United States Sixth Circuit

In an action brought by a firefighters union and members challenging Cleveland's residency requirement, grant of defendants' Rule 12(b)(6) dismissal motion is affirmed as: 1) a right to travel claim failed as prior cases have rejected such challenges; 2) under existing Supreme Court precedent, a facial equal protection challenge failed; 3) for purposes of an as-applied equal protection challenge, it was rational for the city to treat fire fighters differently from other city employees; and 4) a vagueness challenge failed as, to the extent that the requirement vested certain exemption authority in the city council, discriminatory enforcement was no more likely than in any other provision allowing the city council to pass legislation.

Appellate Information

• Decided 09/25/2007
• Published 09/25/2007

Judges

• Before:  KENNEDY, MOORE, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Joseph W. Diemert, Jr., Joseph W. Diemert, Jr. & Assoc., Cleveland, Ohio, for Appellants.  Amy E. Marquit Renwald, City of Cleveland Law Department, Cleveland, Ohio, for Appellees.