Hazelwood Girl Scouts' Lawsuit Thrown Out

St. Louis County Circuit Judge Maura McShane dismissed who were ordered last spring to stop selling Girl Scout cookies from a stand in their driveway.

Carolyn Mills and her two teenage daughters Caitlin, 16, and Abigail, 14, sell Girl Scout cookies for their troop in the driveway of their home on Latty Avenue each year. They have done so for several years despite the of city occupancy code, according to the city.

McShane dismissed the suit Friday. Both sides of the debate found out via Missouri Case.net.

"We're very pleased," said the City of Hazelwood's attorney Kevin O'Keefe. "The judge accurately understood the issue and made a wise decision."

The Freedom Center of Missouri filed a lawsuit on behalf of the Mills' clan in April that challenged the city's constitutional authority to prohibit the cookie stand.

At that time, Dave Roland, the director of litigation for the Freedom Center of Missouri, said he was hopeful the courts would see the bigger picture and define the constitutional limits on property rights.

"We're hoping that if the constitution on property rights stands, the kids can run their cookie stand," he said at that time. "They are harmless."

A letter entitled "Hazelwood Sets the Record Straight on Girl Scout Cookie Stand Story" that was live on the City of Hazelwood's website in March stated, "The safety of the children was of great concern to the City, after a previous theft incident at the Mills residence. On March 1, 2009, a money bag containing cash from selling Girl Scout cookies was stolen from their cookie sales table where the Mills girls were sitting while they were unsupervised in their driveway. The two perpetrators were later apprehended by the and the stolen money was recovered, $907, as well as the money bag."

O'Keefe said city council has not sought any legal guidance from him regarding amending the current codes to allow anything related to the Mill's request in the lawsuit, which means should the pair decide to sell cookies this upcoming spring, they may very well meet the same fate and be shut down.