A Missouri circuit court has struck down a state law that limits community associations from regulating backyard chickens, calling it unconstitutional.
St. Louis attorney Elia Ellis told Missourinet that the Cole County Circuit Court ruling means the legislation passed last spring by the legislature is basically null and void, at least for now.
“And so, we are restored back to the status quo before the law was passed last year, which is that each homeowner’s association can make its own rules and regulations and restrictions about the pasturing of chickens,” said Ellis.
Ellis called it a win for homeowners and said all Missourians should care.
“It is the provisions of the Missouri Constitution which are being sort of trampled in our view, in this particular instance,” said Ellis. “And so, I think all Missouri citizens should want to see the provisions of the Missouri Constitution upheld and enforced not only on chicken rules and HOA, but in all circumstances.”
Ellis told Missourinet that the state has 40 days to appeal the ruling which was made on October 21st.
“Because it involves the state as a defendant and because of the nature of the claims, it’s my understanding that the appeal would skip the Court of Appeals and go straight to the Missouri Supreme Court. I understand that the Attorney General’s Office has already indicated publicly an intention to appeal.”
Then Gov. Mike Parson signed the bill into law in July 2024, and it became it effective on August 28, 2024.
The state argued the law was meant to protect property rights by allowing homeowners to raise chickens on their land.
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