Two groups announced a lawsuit this week on behalf of seven elected officials in California who seek to challenge the state’s law that prohibits public employers, including school districts, from publicly disclosed statements that could dissuade public employees from union membership.
Several elected officials believe that they are unable to accurately do their jobs under the supposed “gag law,” leading to the lawsuit brought by the California Policy Center and the Center for Individual Rights.
“I was elected by the people to ask tough questions and discuss public policy issues in an open dialogue without fear of legal action,” said Dr. Jeffrey Barke, M.D., the lead plaintiff in the case. Barke serves as a member of the Rossmoor Community Services District, and previously served as an elected member of the education board in Los Alamitos Unified School District. The law, SB 866, was implemented in June 2018 under Gov. Jerry Brown.
The Janus v. AFSCME case decided by the U.S. Supreme Court, which was supported by the California Policy Center and other conservative policy groups, marked the implementation of the new standard that public employees do not need to pay union dues as a condition of their employment at a public employer. The lawsuit argues that the state law and the framework in which it’s enforced violates the First Amendment of the U.S. Constitution.
According to the lawsuit, the law is vague and provides no “broad swath of clearly protected speech since public officials have no way of knowing in advance what speech might ‘deter or discourage’ union membership.” All of the plaintiffs said in the lawsuit that they feel reprisal for even making factual statements over the fear of triggering a complaint.
California School Boards Association allegedly advised 1,000-member school boards to limit the discussion about union issues, including opt-out rhetoric, which could trigger a complaint against the district, its officials, or other public figures, as a result of the law. Teachers unions across the state have already filed complaints for accusations of unfair labor practice against 11 publicly-funded charter schools.
CPC’s CEO Mark Bucher said that “this law systematically suppresses criticism of public employee union policies on everything from wage and benefit demands to sanctuary city policies.”
“The California Legislature cannot silence public debate in this way,” Bucher said.
The lawsuit was filed in the U.S. District Court of the Central District of California.
