UPDATE: Judge Agrees to Hear Girl Scout Cookie Case

CLAYTON, MO. (KMOX) — The question of whether the Constitution guarantees the right of Girl Scouts to sell cookies from a stand in front of their house is headed to court.

Judge Richard Bresnahan today denied a motion from the city of Hazelwood to dismiss the case filed last week.  A broader suit filed last year by the girls never made it to trial.  

This latest suit, filed by Girl Scouts Caitlin and Abigail Mills, challenges whether a Hazelwood zoning ordinance can force them to seek a permit to sell the cookies.

“Can the city constitutionally do that?” said attorney Dave Roland of the Freedom Center, “That’s the big question that we’re trying to get the courts to answer.”

Hazelwood had argued that the issue comes under the authority of its board of zoning adjustment — that it has the right to regulate a cookie operation that may create traffic backups, noise and safety issues in a residential neighborhood.

Hazelwood City Attorney Kevin O’Keefe says they will prepare for trial. The case will be a bench trial with no jury.

Related Articles:
Thin Mints and the Constitution — Two Girl Scouts Ask Court to Take Up Their Case
Without Comment, Judge Dismisses Girl Scout Cookie Lawsuit
Hazelwood Crackdown on Girl Scout Cookies

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