United Food & Commercial Workers Local 99 v. Brewer

817 F. Supp. 2d 1118, 191 L.R.R.M. (BNA) 2903, 2011 U.S. Dist. LEXIS 108939, 2011 WL 4434043
CourtDistrict Court, D. Arizona
DecidedSeptember 23, 2011
DocketNo. CV-11-921-PHX-GMS
StatusPublished
Cited by7 cases

This text of 817 F. Supp. 2d 1118 (United Food & Commercial Workers Local 99 v. Brewer) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Food & Commercial Workers Local 99 v. Brewer, 817 F. Supp. 2d 1118, 191 L.R.R.M. (BNA) 2903, 2011 U.S. Dist. LEXIS 108939, 2011 WL 4434043 (D. Ariz. 2011).

Opinion

ORDER

G. MURRAY SNOW, District Judge.

Pending before this Court are Plaintiffs’ Motion for Preliminary Injunction and Plaintiff-Intervenors’ Motion for Preliminary Injunction. (Docs. 14, 77). For the reasons stated below, Plaintiff-Intervenors’ Motion is granted and Plaintiffs’ Motion is dismissed as moot.

BACKGROUND

An employee in the state of Arizona may authorize his or her employer to withhold certain amounts from the employee’s pay and to transfer those funds to a separate entity. Through such payroll deduction programs, employees pay their health care ór other welfare benefit premiums to insurance companies, invest for retirement with banks and financial institutions, make donations to charitable organizations, and pay dues to their unions. All of these organizations are permitted to engage in political activity, including lobbying, by using money in their general operating fund. See Citizens United v. FEC, — U.S. -, 130 S.Ct. 876, 904, 175 L.Ed.2d 753 (2010).1

On April 18 and 19, 2011, the Arizona House and Senate passed Senate Bill 1365, the “Protect Arizona Employees’ Paychecks from Politics Act,” 2011 Arizona Session Laws, Chapter 251, which Governor Janice K. Brewer signed into law on April 26, 2011. The law amended Title 23, Chapter 2, Article 7 of the Arizona Revised Statutes (“A.R.S.”) by adding section 23-361.02. The statute requires that organizations collecting funds through checkoff payroll deductions either affirm to the employers who process the deductions that none of their general fund is used for “political purposes,” or specify the percentage of their general fund so used. A.R.S. § 23-361.02(B). The law defines “political purposes” to mean “supporting or oppos[1122]*1122ing any candidate for public office, political party, referendum, initiative, political issue advocacy, political action committee, or other similar group.” Id. § 28-361.02(1). Employers may not deduct the percentage of an employee’s contribution used for political purposes without written authorization from the employee; consent must be reauthorized each year. Id. § 23-361.02(B), (C). An organization receiving funds from payroll deduction that spends more of its operating fund on political purposes than the percentage it reported to the employer is subject to a minimum civil fíne of $10,000. Id. § 23-361.02(D).

While the law is written to have general application to all payroll deductions, it explicitly exempts a number of types of deductions from its scope, including, among others, deductions for the benefit of charitable organizations and organizations that provide employee health care, retiree, or welfare benefits. Id. § 23-361.02(E). In addition, SB 1365 excludes from its definition of employee “any public safety employee, including a peace officer, firefighter, corrections officer, probation officer or surveillance officer.” Id. § 23-361.02(H). As a result, no public safety employee union would be obliged to comply with the statute to obtain its dues through payroll deductions from public safety employees. The law is scheduled to go into effect on October 1, 2011. Id. § 23-361.02(A).

On May 9, 2011, Plaintiffs United Food & Commercial Workers 99, et al. filed a complaint challenging SB 1365’s companion legislation, SB 1363, as unconstitutional. (Doc. 1). Plaintiffs amended their complaint to allege that SB 1365 is also unconstitutional. (Doc. 8). Plaintiffs further moved for a preliminary injunction to prevent SB 1365 from going into effect. (Doc. 14).2 This Court granted leave to the American Education Association and other unions to intervene as Plaintiffs. (Doc. 47). Plaintiff-Intervenors moved for a preliminary injunction on August 4, 2011. (Doc. 77). This Order considers the claims made in both Plaintiffs’ and Plaintiff-Intervenors’ motions.

DISCUSSION

I. SUBJECT-MATTER JURISDICTION AND RIPENESS

In their response, Defendants apparently incorporate the arguments made in their Motion to Dismiss on lack of subject-matter jurisdiction, lack of ripeness, and immunity from suit under the Eleventh Amendment to the United States Constitution. (Doc. 50). To the extent they do so, these arguments lack merit. Federal courts have subject-matter jurisdiction over “all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. Plaintiffs allege that SB 1365 is pre-empted by the Supremacy Clause of the U.S. Constitution, and Plaintiff-Intervenors allege that SB 1365 violates the First Amendment. (Docs. 8, 52). The Court has jurisdiction to entertain constitutional challenges to state statutes. 28 U.S.C. § 1331. To the extent that the parties allege they may choose to restrict their own speech in order to comply with an unconstitutional law, the complaint is ripe for adjudication. LSO, Ltd. v. Stroh, 205 F.3d 1146, 1154-55 (9th Cir.2000) (holding that a court may hear a constitutional challenge to a law that has not yet been enforced when “the plaintiff intends to engage in ‘a course of conduct arguably affected with a constitutional interest’ and that there is a credible threat that the challenged provision will be invoked against the plaintiff.”) (quoting Babbitt v. United Farm Workers Nat’l Union, 442 U.S. 289, 298, 99 S.Ct. 2301, 60 L.Ed.2d 895 (1979)). Finally, Plaintiff-In[1123]*1123tervenors are seeking injunctive relief against the Attorney General to prevent him from enforcing an allegedly unconstitutional state law; such suits are not barred by the Eleventh Amendment because “official-capacity actions for prospective relief are not treated as actions against the State.” Kentucky v. Graham, 473 U.S. 159, 167 n. 14, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985); see also Ex Parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908).3

II. LEGAL STANDARD

To be granted a preliminary injunction, a plaintiff must establish four elements. A plaintiff must establish “that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. Nat’l Res. Def. Council, 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008); see Fed. R. Civ. P. 65. The Ninth Circuit continues to analyze these four elements using a “sliding scale” approach, in which “the elements of the preliminary injunction test are balanced, so that a stronger showing of one element may offset a weaker showing of another.” Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir.2011).

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817 F. Supp. 2d 1118, 191 L.R.R.M. (BNA) 2903, 2011 U.S. Dist. LEXIS 108939, 2011 WL 4434043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-food-commercial-workers-local-99-v-brewer-azd-2011.