Federal Judge rules Arizona’s ‘paycheck deception’ law (SB 1365) is unconstitutional

Posted by AzBlueMeanie:

The only people who did not see this coming were the Tea-Publican Arizona legislators, their handlers at the American Legislative Exchange Council (ALEC), anti-union think tanks like the Goldwater Institute, and anti-union media in Arizona like The Arizona Republic. "Paycheck Deception" is right-wing speak for voluntary union deductions some of which is used for political advocacy, i.e., First Amendment political speech.

Press release from AFSCME:

Judge to Gov. Brewer: Paycheck Deception is Unconstitutional

Ruling says law violates free speech rights, unfairly targets public service workers and their unions

In a serious blow to the anti-worker agenda of Governor Jan Brewer and the state legislature, a federal court judge recently ruled that Arizona’s paycheck deception law (SB 1365) is unconstitutional. The ruling also enjoined the State Attorney General from enforcing it.

“The judge made it clear that the paycheck deception law violates the constitution, the freedoms that all Americans treasure and the First Amendment rights of public service workers,” said Sheri Van Horsen, President of the American Federation of State, County and Municipal Employees (AFSCME) Local 3111. “This law is nothing but a power grab by extremist politicians determined to silence the voices of nurses, teachers and all working people.”

Arizona’s paycheck deception law is just one of several anti-worker bills that was pushed through the last legislative session and signed by Governor Brewer. It was apparently modeled after legislation written by the conservative national group American Legislative Exchange Council (ALEC), which promotes union-busting measures and corporate tax breaks in state legislatures across the country.

Arizona’s paycheck deception law banned payroll deductions for the collection of voluntary union dues from state and other public workers, however exempted any other type of organization that uses payroll deduction and public safety unions.

In his ruling, District Court Judge G. Murray Snow determined the law was unconstitutional because it imposed burdens solely on unions collecting dues. And, by exempting other organizations including public safety unions, the government was attempting to suppress the political speech of those whose views may be unfavorable to them.

“This is a victory for all Arizonans and for the freedoms we treasure,” said Van Horsen. "It is disappointing that some politicians and Governor Brewer will trample the constitution and try to take away our basic rights to please their corporate donors.”

Read the Federal Court opinion here. http://www.azafscme.org/news/documents/AZ1365_order.pdf

UPDATE: "Don't make me angry" Frank Antenori, the tool who sponsored this anti-union bill for ALEC, is off terrorizing the villagers and the federal judge over this ruling. New law on union funding blocked:

Antenori blasted the judge's logic.

"He's trying to muddy the water, which is what I think judicial activists do, try to muddy the water, try to justify his B.S. arguments that somehow his ruling is justified," Antenori said. "It's not the same."

He vowed an appeal.

That's right, Frank. Every time a federal judge whose job it is to interpret and enforce the law disagrees with you, who knows nothing of the law and believes that the law is whatever he says it is, and your handlers at ALEC who openly admit their goal is to push the envelope with radical legislation in the hope of getting it before a consevative activist judge who will adopt their position, is a "judicial activist." Engage in psychological projection much?

Antenori, however, said politics had nothing to do with his legislation. He said it was designed to help employees, whom he said have had a hard time halting payroll deductions for union political purposes.

"Politics had nothing to do with his legislation"? Politics had everything to do with this legislation. Frank Antenori has so little regard for the intelligence of his constituents that he is comfortable telling bald-faced lies to them.

Antenori said that problem should be easy to resolve: Eliminate the public safety exemption. But that presumes he could get the votes for a broader measure: In getting the exemption in the first place, the unions representing police and firefighters have shown they have more clout than many other labor organizations at the Capitol.

 As I have said before, the GOP war on organized labor is causing a political realignment. Police and Fire Associations that typically supported Republicans in the past are now supporting Democrats this year. They are standing together with their brothers and sisters in other unions again. They have come to understand that their fate rests on the fate of other unions. To paraphrase the famous poem by pastor Martin Niemöller, "Then they came for the trade unionists, and I didn't speak out because I wasn't a trade unionist … Then they came for me, and there was no one left to speak out."