Lexington police union’s lawsuit over city ban on no-knock warrants to get another hearing

The Kentucky Court of Appeals says a lower court needs to take another look at the Lexington police union’s lawsuit over the city’s ban on no-knock warrants.

The local Fraternal Order of Police sued the Lexington-Fayette Urban County Government in June 2021 to try to stop the city from enforcing a prohibition on no-knock warrants without first engaging in collective bargaining. The ban was enacted after the urban county council voted to outlaw that particular type of warrant.

The police union argued the ban affects the health and safety of officers and puts them at “an enhanced risk of serious physical injury and death.” So, they argue, the city should have been required to bargain with the union over the change.

In November 2021, Fayette Circuit Judge Kimberly Bunnell ruled that the city had the authority to enact the policy changes without first bargaining with the Fraternal Order of Police and dismissed the union’s complaint.

The police union appealed, and on Friday, a three-member panel of the Court of Appeals sent the case back to Fayette Circuit Court, saying the union should have the right to argue its case before the court.

“We reverse the order dismissing those claims and remand for additional proceedings,” the opinion states.

The appeals panel, made up of judges Pamela Goodwine, Glenn Acree and Susanne Cetrulo, said they were sending the case back “to allow the parties to flesh out the merits of the arguments and, after doing so, allow the circuit court to rule accordingly.”

“The parties must have ample opportunity to explore discovery if desired and then present their arguments to the circuit on what constitutes conditions of employment, effects of employment, ‘home rule,’ administrative versus legislative action, whether the Ordinance disturbs a comprehensive scheme of legislation, and whether injunctive relief is warranted,” the judges ruled.

Scott Crosbie, an attorney who represents the Fraternal Order of Police Bluegrass Lodge #4 in the litigation, said Friday afternoon that “we were pleased with the decision.”

“We look forward to having the opportunity to address these issues on their merit before the court,” he said.

City spokeswoman Susan Straub declined to comment Friday afternoon, saying the city does not comment on open lawsuits.

The ordinance enacted by the urban county council bans no-knock warrants and requires Lexington police executing a warrant to knock, announce themselves as law enforcement with a warrant and “wait a reasonable amount of time” before entering.

Lexington’s urban county council passed the ordinance enacting the ban on no-knock warrants a year after Louisville put a similar ban in place in response to the death of Breonna Taylor, who was shot by Louisville police during a raid at her apartment.