From Deseret News archives:
Payroll deduction ban found unconstitutional
State deciding whether to appeal court decision
In her ruling published Wednesday, U.S. District Judge Tena Campbell found that the law served no "compelling state interest" in limiting the ability of school districts and other governmental entities to offer voluntary payroll deductions for their employees for organizations like the Utah Education Association. The judge also said the law violated government employees' freedom of speech.
UEA and five other labor organizations sued the state over the law.
"It shows that free speech and the First Amendment still are alive and well in Utah, notwithstanding the opinion of some of our legislators," Utah Education Association general counsel Michael McCoy said.
For years UEA had been a thorn in the side of some lawmakers.
The UEA is a political force credited with repeatedly helping to thwart voucher and tuition tax credit legislation. Its political action committee often gives money and manpower to candidates opposing such measures. The organization is also known for organizing teacher walk-outs in opposition to legislation.
Campbell said because the law is "content-based," meaning a law that restricts speech on specific subjects, it is subject to strict scrutiny. The statute makes it unlawful for any public employer in Utah to grant an employee's request to make voluntary contributions to political funds sponsored by labor organizations through payroll deductions.
The Utah Attorney General's Office had argued that the law did not discriminate based on the political message or view of any organization. The state still allowed payroll deductions to certain charity organizations.
"The fact that the statute is viewpoint neutral makes no difference," Campbell wrote, adding she found that the law restricted free speech.
The Attorney General's Office claimed that because governmental entities, such as cities and service districts, were created by acts of the Utah Legislature, the Legislature had a right to control their payroll functions. "Neither the facts nor the applicable law supports the state's argument," wrote Campbell, adding that payroll systems of counties, cities and school districts are under direction and control of those local governments.
Comments
- Utes fall to No. 2 Stanford 9:43 p.m.
- Astronauts return to turkey dinner 9:40 p.m.
- Image of Jesus on an iron? 9:39 p.m.
- SLCC cruises to easy win 9:38 p.m.
- Cougar women lose at home 9:37 p.m.
- Boozer finds confidence 9:36 p.m.
- Christmas Village lights up Ogden 9:32 p.m.
- WVC welcomes the holidays 9:30 p.m.
- Sloans two point guard lineup 9:24 p.m.
- Jazz involved in 4-team race 9:23 p.m.
- BYU would like friendlier rivalry
263 - Protests against Phoenix LDS temple
211 - RSL wins MLS Cup on penalty kicks
202 - Thunder rolls by Jazz
136 - Letters: Rushing to judge Palin
133 - Boys basketball rankings
127 - Editorial: Poor welcome for Palin
112 - Man trapped in Nutty Putty cave dies
108 - Hall, Johnson matchup key
102 - Letters: Trump card for believers
92
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
My thanks to the Deseret News for the expanded coverage on what many outside...
Like Arafat before him, Abbas is missing perhaps one of the few remaining...
GO MOM! When I grow up I'm going to be as smart as you.
Despite Anonymous' use of words that sound good, the article is actually a...
Vegas or San Diego, both yawner bowls if you've been there, done that....
It frustrates me they would close the cave. There are varying degrees of risk...
Some of the data will of course include everyone. You can't rent a dwelling...
I can't wait for Max Hall to open up the Bakery tomorrow. There will be...
Give Koufos 15 mins/game and see what he does. You detractors are foolish....
Can't wait to see a beat down of the U today. And Rich actually has 5 picks...



You can be the first to comment on this story.