Federal court strikes down Missouri’s revolving-door lobbying ban

By Jason Hancock

Missouri Independent

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

First enacted in 2018 as part of a voter-approved initiative called “Clean Missouri,” the revolving-door law was designed to prevent corruption and the appearance of corruption. But the U.S. Eighth Circuit Court of Appeals found the restriction violates the First Amendment of the U.S. Constitution.

“Missouri had to show that it has a compelling anti-corruption interest and that its 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 assistant John LaVanchy, arguing that the two-year ban not only violates the First Amendment but improperly limits their employment opportunities. It 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 and was re-elected to his final term in 2018 at the same election where voters passed 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 with headquarters 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 Court Judge Douglas Harpool, who upheld the ban as a way to prevent corruption, noting public officials are fully aware that accepting a taxpayer-supported job also includes accepting restrictions on speech.