State's Request to Dismiss ACLU Lawsuit on Right-To-Work is Denied

The state’s request, filed by the Attorney General’s Office, to dismiss the ACLU lawsuit aimed to invalidate the Right-To-Work law was denied by Ingham Circuit Court Judge William Collette. The lawsuit brought on by the American Civil Liberties Union of Michigan is centered on the notion that the Right-To-Work law is in direct violation of the Open Meetings Act.

The Open Meetings Act is designed to provide full access to legislative proceedings and violations occur if the Legislature moves forward with the process even though it is flawed. Also, under the Open Meetings Act a court possesses the power to invalidate an action taken by a public body while violating the act.

The ACLU lawsuit specifically considers two allegations from the plaintiff perspective. First, that the Department of State Police shut down the Capitol Building in early December when Right-To-Work legislation was being proposed. Second, that staff members of Republican legislators filled up the galleries in the House to prevent opponents of Right-To-Work legislation from observing the proceedings.

Judge William Collette ruled to keep the case moving after hearing remarks from both Assistant Attorney General Michelle Byra as well as ACLU attorney Michael Pitt. Mr. Collette stated that the case merited proceeding with depositions but that overall the case faces an uphill battle to prevail. Mr. Collette scheduled a conference to be held on April 11^th to set up depositions for the case.

posted by PAA Online , Friday, April 5, 2013 9:31 AM
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