The Louisiana State Troopers Association (LSTA) is a labor organization representing over 90% of commissioned and classified state police troopers and a majority of state police trooper retirees.
The Louisiana State Police Commission was established by the Louisiana Constitution and vested with broad rulemaking powers to regulate classified state police service (the State Police Service is divided into classified and unclassified service), including adopting rules regarding employment, promotion, and political activities. Complaints were made to the Commission regarding political activity by the LSTA.
The LSTA and several of its members filed a petition for declaratory judgment against the Commission and its executive director, Jason Hannaman, seeking a declaration that the LSTA is not subject to the Louisiana Constitution or the Commission’s rules regarding political activity of members of the classified state police service, that the LSTA has a constitutionally protected right to support or oppose political candidates, parties, or factions, and that membership in or management of the LSTA does not violate the Louisiana Constitution or the Commission’s rules, even when the LSTA engages in political activity as defined in the Constitution. The Commission and Hannaman generally denied the allegations, though admitting that the Commission’s rules do not govern the LSTA.
The trial court denied the plaintiffs’ request for a declaratory judgment stating that there is no exception in the Constitution allowing classified members of the state police to vote for the LSTA to endorse or contribute to a political candidate, that added exceptions require a vote of the general public, and that there is no authority in the Commission’s rules or state police procedural orders providing an exception to the prohibition against engaging in political activity. The plaintiffs then appealed the judgment.
The Louisiana First Circuit Court of Appeals reversed the trial court’s judgment and rendered a declaratory judgment in favor of the LSTA: “As to the present case, Louisiana Constitution Article 10, Section 47(A) states that ‘no member of the Commission and no state police officer in the classified service shall participate or engage in political activity, make or solicit contributions for any political party, faction, or candidate except to exercise his right as a citizen to express his opinion privately, to serve as a commissioner or official watcher at the polls, and to cast his vote as he desires.’ Louisiana Constitution Article 10, Section 47(C) defines ‘political activity’ as ‘an effort to support or oppose the election of a candidate for public office or to support a particular political party in an election.’ There are specific exceptions described in Section (C) to provide that ‘the support or opposition of a candidate seeking election as the classified state police officer member of the State Police Commission, issues involving bonded indebtedness, tax referenda, or constitutional amendments shall not be prohibited. Applying strict scrutiny, we find that Louisiana Constitution Article 10, Section 47(C) regulates the ability of individual members of the Commission and classified state police officers and does not extend to the actions of the LSTA taken in accord with the majority vote of its members.”
The Court, finding that the trial court’s denial of the plaintiffs’ request for a declaratory judgment was an abuse of discretion, granted a declaratory judgment that: “the LSTA is not subject to the Louisiana Constitution or the Commission’s rules related to political activity of members of the classified state police service; the LSTA has a constitutionally protected right to support or oppose political candidates, parties, or factions; and the membership in or management of the LSTA does not violate the Louisiana Constitution or the Commission rules, even when the LSTA engages in political activity as defined in Article 10, Section 47(C) of the Louisiana Constitution.”
La. State Troopers Ass’n v. State Police Comm’n, 2025 La. App. LEXIS 135 (La. App. 1st Cir. 2025).