Last June, St. Louis residents Jamala Rogers and Mike Milton filed suit challenging Missouri’s effort to take control of the St. Louis Metropolitan Police Department through House Bill 495.

A similar suit was filed in April by Board of Aldermen President Megan Green with the support of then-Mayor Tishaura Jones. Green followed with a separate lawsuit as the sole plaintiff in May.

Mayor Cara Spencer, who took office in April, chose not to sue — until last Thursday.

Spencer announced at a City Hall news conference that her administration had filed a lawsuit seeking clarity on the city’s legal and financial obligations under the state law.

“Regrettably, we are at an impasse in terms of what the law requires the city to provide, so we must ask the courts to intervene and provide that necessary clarity,” Spencer said.

“While this was a difficult decision, this is an essential step to prevent a financial crisis and bring legal certainty back to our city’s governance.”

Jamala Rogers of the Coalition Against Police Crimes and Repression led a chant at a protest in front of the St. Louis Police Officers’ Association on Saturday, October 22, 2016, which was recognized as a National Day of Protest Against Police Brutality. Photo from St. Louis American archives.

The dispute centers on a $333 million budget request from the state-controlled Board of Police Commissioners. City officials say the proposal could significantly affect the city’s finances and lead to reductions in the workforce.

Spencer’s lawsuit contends that the board improperly included restricted funds, reserves and Rams settlement funds in calculating the city’s required contribution to the police budget.

Like the earlier legal challenges, the city’s filing argues that the state takeover law is unconstitutional. The lawsuit seeks to restore local control of the department and relieve the city of funding and legal obligations tied to the state oversight structure.

In a separate lawsuit filed by ArchCity Defenders, Rogers and Milton argue that the law violates the Missouri Constitution by imposing special legislation on a single jurisdiction and by creating an unfunded mandate on St. Louis taxpayers.

Green’s legal filings similarly challenge the state’s authority to impose control over the city’s police department. Her April lawsuit was filed with the backing of Jones, while her May filing was brought independently.

In a statement, Green called Spencer’s decision “a major step in joining the ongoing fight for local control.”

“From the beginning, challenging the state’s takeover of our police department wasn’t just about protecting local decision-making and residents’ rights, it was also about challenging an unfunded mandate that takes money away from crime prevention programs, infrastructure repair, and the many essential services residents rely on,” Green said.

Rogers criticized Spencer’s earlier decision not to take legal action.

“Now, here we are facing an illegal and unethical budget that has been presented. Now, she wants to fight,” Rogers said.

“What she showed the voters of St. Louis and Missouri [was] that she was not willing to fight the hostile takeover by the state.”

State officials have defended the law as necessary to address public safety concerns and improve oversight of the police department.

ArchCity Defenders called the city’s lawsuit “a much-needed and long-overdue action by the mayor and the City Law Department,” adding, “They are right to listen to the people of St. Louis and stand up against this illegal and destructive legislation.”

At the same time, the group criticized the delay, saying, “But we should also understand that we got here by the same mayor and law department neglecting to take up this fight for nearly a year. And that failure has been at the expense of the citizens of St. Louis.”

Spencer’s lawsuit names members of the St. Louis Board of Police Commissioners — Brad Arteaga, Don Brown, Sonya Jenkins-Gray, Edward McVey and Chris Saracino — as defendants.

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