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St. Louis drops suit against state takeover of PD

City officials, who disagreed over certain elements of the lawsuit, say they plan to refile it with changes

St. Louis

The Gateway arch towers over the St. Louis skyline on a dreary,rainy day, Thursday, Feb. 24, 2011 in St. Louis. The city of St. Louis lost nearly 29,000 people during the past decade, a decline of about 8 percent of its population.(AP Photo/Tom Gannam)

Tom Gannam/AP

By Austin Huguelet
St. Louis Post-Dispatch

ST. LOUIS — City Hall this week abandoned a lawsuit aimed at stopping the state takeover of the St. Louis police department amid a rift between two top officials. But another could be coming.

Mayor Cara Spencer said the existing suit, filed last week on the final full day of Mayor Tishaura O. Jones’ term, had missed the mark. She said her team was weighing options for what to do next.

Aldermanic President Megan Green said Spencer had it wrong, and said she planned to refile the lawsuit as soon as possible. She even reached out to the city legal department asking them to continue representing her.

The back-and-forth marked the latest tension over how the city should handle one of the biggest changes to the police department since City Hall took it over in 2013, 150 years after the first state takeover.

Both Spencer and Green have said they support local control, where the mayor and aldermen make policy for the department rather than a board largely picked by the governor.

But they have differed on how exactly to fight the new takeover law approved in Jefferson City last month. Spencer was irritated when Jones and Green filed a lawsuit without involving her in the planning. And Spencer and Green have yet to meet on what to do next.

Green’s suit said the state law infringed upon city officials’ First Amendment rights and imposed an unconstitutional requirement to increase spending on the police department. It asked a federal judge to declare the whole law invalid.

Then last Wednesday, U.S. District Judge Matthew T. Schelp said the city and Green needed to show they had a right to sue to continue the case, and gave the city until Monday to amend the suit.

Schelp noted that states cannot generally be sued directly in federal court. But there is an exception when state officials are enforcing an unconstitutional law. Chuck Hatfield , the prominent Democratic lawyer representing Green in the case, said it might have passed muster with an amendment naming the governor and attorney general as defendants.

But neither Green nor the city law department filed anything by Schelp’s deadline Monday, setting the stage for dismissal.

It wasn’t exactly clear what would happen next.

On Tuesday, Spencer put out a statement deriding the Jones-Green lawsuit as deficient, but didn’t commit to filing another one.

“We are evaluating our options and weighing the merits of refiling a sound suit in state court,” she said.

Green, meanwhile, defended the existing suit, and said another would follow.

“Our lawsuit against Missouri’s unlawful state takeover was rejected on a technicality,” she said. “We plan to refile as soon as possible and I hope Mayor Spencer joins me as a plaintiff so we can fight for St. Louis together.”

A short while later, she sent a letter to the city law department formally requesting their help on a new filing. And a spokesperson said that if the request was ignored, Green would hire her own lawyer and file the suit herself.

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The proposal heralds an interesting next couple of years. Board President Megan Green and Mayor Cara Spencer are old rivals who rarely see eye-to-eye.

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If the state wins, St. Louis’ new mayor will have to fight crime with one arm tied behind her back.

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She said she will use data and determination to deliver the basics that have sputtered in recent years and maintain an open-door policy to anyone interested in helping her.

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“My roots run deep in this city,” Donna Baringer told the audience after being introduced by a Hibernian bagpiper, an homage to her Irish heritage.

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Robert Herleth will be the mayor-elect’s interim chief operating officer. Herleth was previously an executive at A.G. Edwards and at the Missouri Botanical Garden .

View life in St. Louis the week of April 13, 2025

Post-Dispatch photographers capture hundreds of images each week; here’s a glimpse at the week of April 13, 2025 . Video edited by Jenna Jones .

© 2025 the St. Louis Post-Dispatch. Visit www.stltoday.com.
Distributed by Tribune Content Agency, LLC.

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