A Fayette County judge has agreed to dismiss a lawsuit filed by the local police union, which tried to stop Lexington from enforcing a ban on no-knock warrants.
The local Fraternal Order of Police sued the city after the city council approved the no-knock warrant ban and Mayor Linda Gorton signed it into law in June. The union alleged that the city was required to bargain with the union over no-knock warrants because the ban affects officers' "health and safety."
The union's attorneys said issues regarding officers' health and safety were mandatory bargaining issues, and the warrant ban violated the collective bargaining agreement between the city and union.
But Fayette Circuit Judge Kimberly Bunnell said Friday the city's elected officials had the right to enact public policies without bargaining over them with the union first.
"Whether or not I agree with the entirety of the ordinance doesn't matter, but in terms of what comes under the collective bargaining agreement ... I think that our elected officials have acted within their authority and I don't think they're required to do anything else," Bunnell said in a hearing Friday.
The FOP may appeal the decision, according to local representatives.
Jeremy Russell, president of the Fraternal Order of Police Bluegrass Lodge 4, told the Herald-Leader the union "respectfully disagrees with Judge Bunnell's analysis and opinion."
"Our lodge strongly believes that the no-knock ban, regardless of the known danger, creates an unnecessary risk of serious bodily harm or death to our members and members of this community," Russell said. "It remains our position that this is a mandatory subject for collective bargaining."
Russell said the union anticipated that this dispute would be appealed to a higher court by either side following the circuit court's ruling.
"We are actively reviewing the courts' decision with our lawyers," he said. "I anticipate Bluegrass Lodge 4 will seek further judicial review of this legal dispute very soon."
Lexington's ban on no-knock warrants was enacted into law more than one year after Breonna Taylor was killed during a botched raid of her apartment in Louisville. Taylor's death at the hands of the Louisville Metro Police Department led Louisville to ban no-knock warrants one year earlier than Lexington.
Now Lexington police must knock and announce themselves before entering someone's residence to serve a warrant. The ordinance got strong support from community activists as it made its way through the city council to the mayor's desk.
Rev. L. Clark Williams, a member of the Black Faith Leaders group in Lexington, said the group agrees with the judge's decision and hopes everyone can move on from the issue. The Black Faith Leaders advocated heavily for banning no-knock warrants in the year that followed Taylor's death.
"We hope that the ruling can put to rest any questions about the issue of banning no-knock warrants so that we can all move forward together in efforts to foster community safety," Williams said.
The police union strongly opposed it throughout discussions. Attorneys from the city and the union argued in front of Bunnell Friday after the city asked Bunnell to throw the lawsuit out.
"The council has outright banned no-knock warrants and has left these officers in a position where they don't get to make a determination about whether it's safer to knock and announce, or whether they need to go to a judge and apply for the ability to enter without knocking and announcing," Nicholas Oleson, an attorney representing the union, said Friday in court.
"They've removed that decision-making from these officers without discussing with them at all, which we believe absolutely violates the statutory right to bargain over their health and safety."
The city's attorneys argued in court records that it was legal to enact a no-knock warrant ban without the union's approval because Lexington's government had the right to enact public policy and set standards for officers' performance.
"Matters of public policy, such as a ban on no-knock warrants, do not constitute 'terms and conditions of employment' subject to bargaining," city attorneys said in court records. "To find otherwise would give the union effective control over the" Lexington-Fayette Urban County Council, creating a "clear conflict of interest and prohibiting the passage of meaningful reforms.
"LFUCG must have the discretion to determine matters of public policy."
Jennifer Bame, an attorney representing the city, reiterated Friday that Lexington's government has the "express management right" to enact policies and rules and set performance standards.
After Bunnell agreed with the city, the union's attorneys still argued that the city should be required to bargain over the "effects" of enforcing the no-knock warrant ban. The ban still affected officer safety and could have implications for disciplinary issues, attorney Nicholas Oleson said in court.
"If a commander hands a couple officers a warrant, and they go out to the house and they think 'knocking and announcing here is going to serve a risk,' can they turn around and hand that warrant back to their commanding officer without fear of insubordination?" Oleson asked Bunnell Friday.
Oleson had additional questions about the effect the policy has on officers.
"What kind of training are the officers going to receive on this issue? What kind of discipline penalties are going to be imposed if an officer (violates) the knock and announce policy? There's a whole host of topics that we can bargain about with the effects," Oleson said.
The city argued that Lexington officers have always been required to comply with local laws and ordinances.
Bunnell said Oleson's questions and concerns were "incredibly speculative."
The union also alleged in court records that the city's law banning no-knock warrants violated a state law previously passed by the Kentucky legislature. The state law heavily restricted the use of no-knock warrants but did not ban them. Lexington's attorneys have said in court records the city was within its right to enact its additional legislation.
Bunnell again agreed with the city, stating that Senate Bill 4, which was passed by Kentucky lawmakers earlier this year, didn't keep the city from adding its ordinances regarding warrants.
