Federal court overturns Missouri’s ban on revolving door lobbies

A federal appeals court ruled Monday that Missouri’s ban on lawmakers and legislative staff from working as lobbyists for two years after leaving office is unconstitutional.

The law, first passed in 2018 as part of a voter-approved initiative called “Clean Missouri,” was intended to prevent corruption and the appearance of corruption. But the U.S. Court of Appeals for the Eighth Circuit ruled that the restriction violates the First Amendment to the U.S. Constitution.

“Missouri had to show that it has a compelling anti-corruption interest and that the lobbying ban is narrowly tailored to achieve that interest. It did neither,” said Judge David Stras, writing for a three-judge panel.

The lawsuit was filed by former state Rep. Rocky Miller and legislative aide John LaVanchy, who argued that the two-year ban not only violates the First Amendment but also unfairly limits their employment opportunities. The lawsuit was filed against the Missouri Ethics Commission, which is responsible for enforcing the ban.

Miller, a Republican from Lake Ozark, won four terms in the Missouri House of Representatives and was re-elected to his last term in 2018 in the same election where voters approved the lobbying ban. About 10 months after he left office in January 2021, he received an offer to work as a paid lobbyist for Presidio, a waste management company headquartered in his hometown.

Miller registered as a lobbyist after the ban expired. He currently has six active clients, including Presidio.

Monday’s decision overturns a ruling last year by U.S. District Judge Douglas Harpool, who upheld the ban as a way to prevent corruption. Harpool said government officials are well aware that accepting a job that pays taxpayers means accepting restrictions on free speech.

This was originally published by The Missouri Independent, part of the States Newsroom.