This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The Utah Education Association and other public-employee unions licked the Legislature.
The 10th Circuit Court upheld a ruling Thursday against the state law restricting the automatic deduction of money going to the political action committees of public employee associations. The judges said the law violated the First Amendment by restricting members' political speech.
"This is another case of the courts protecting us against a Legislature that is bent on suppressing the rights of a person and an organization to participate in the political process," said Michael McCoy, general counsel for the UEA.
Joining the UEA in suing the state were the Utah AFL-CIO, American Federation of Teachers, American Federation of State, County and Municipal Employees Local 1004, Utah School Employees Association and the Professional Firefighters of Utah.
Under the Voluntary Contributions Act of 2001, only membership dues can be collected through state payroll. The law specifically banned collection of political donations from state paychecks. And it outlawed solicitation of PAC contributions from anyone other than union members and their families.
Union leaders said the act crippled their ability to collect money for political action committees, and UEA leaders viewed the original act as retribution for a teacher walkout and the association's hefty donations to Democratic candidates.
State Attorney General Mark Shurtleff was named as a defendant in the case because the state has authority over practices of local government.
Nancy Kemp, assistant attorney general handling the case, said it was the first case of its kind in Utah.
"Obviously we're disappointed, but there is no controlling precedent for the state regulating local government deductions. The state now has some guidance and will act accordingly," Kemp said.
She said the Attorney General's Office has not discussed any appeals.
The chance of a successful appeal is slim, McCoy said, because the 9th Circuit Court recently upheld a similar Idaho Education Association ruling.
The next step for the union is to seek state payment of UEA and other unions' attorney fees, which will be about $100,000, McCoy said.
"We're going to beat the Legislature on a lot of cases because they're determined to suppress the rights guaranteed in the state and U.S. constitutions," McCoy said. "But rather than gloat, we want to work with the Legislature to improve public education instead of having these fights."
* The 10th Circuit Court ruled Utah's so-called "paycheck protection" law - in its words - "burdens political speech. We therefore review the statute under the First Amendment framework for restrictions on political expression."