LANSING – The American Civil Liberties Union of Michigan and a coalition of labor unions asked a judge Thursday to strike down the recently passed right-to-work law because it was enacted while the public was locked out of the capitol in violation of the open meetings act, the First Amendment, and the Michigan Constitution. The case, filed on behalf of a journalist, citizens, legislators, and unions, charges that government officials, in an unprecedented assault on democracy, deprived the public of their right to participate in the legislative process. 

“The lawsuit filed by the ACLU and a group of union bosses, against the legislature, is a desperate attack by union bosses against Michigan workers, who deserve the freedom and free will to choose whether they want to belong to a union,” Michigan republican Party Chairman Bobby Schostak. 

“Michigan Republicans will continue to fight for each and every worker, to ensure they are not forced to join a union against their will in order to obtain employment. Forcing someone to pay dues or join an organization in order to obtain employment is fundamentally wrong. Michigan’s freedom to work legislation protects workers, ensures they have those fundamental rights, and puts the burden on unions to work within the law to obtain membership, rather than force Michigan families and workers to join against their will and desires. 

Kary L. Moss, the executive director of the ACLU Michigan said rushing controversial bills through a lame duck session is a bad way to make public policy under the best of circumstances, and that doing so on such important issues while the public is shut out of the debate every step of the way is illegal and shameful.

“We have a sacred right to peacefully assemble and petition our government. When there is dissent and emotions are running high, our elected leaders should encourage more open debate, not close the doors to concerned voters,” she said. 

Gov. Rick Snyder has argued previously that Michigan residents had ample time to contact their state legislators  and let them know how they feel about the legislation. He also says meetings took place between unions and leaders around the state before it was passed. 

The lawsuit stems from the contentious events of Dec. 6, 2012, when the Michigan Capitol doors were locked to prevent additional people from coming to witness or engage their legislators while the controversial right-to-work bills were being debated on the House and Senate floors. The public, including some journalists, were locked out for more than four hours while legislators debated and voted on the bills. While individuals already in the capitol could stay, people waiting outside were not allowed to enter. 

“I was disappointed to find myself locked out of the Capitol and unable to report on this historic event. A vibrant and free media is vital to keeping government honest,” said Bonnie Bacqueroux, an instructor at Michigan State University School of Journalism and the co-founder of Lansing Online News.  According to the lawsuit, the lockout at the Capitol merely added t o the legislators’ attempts to swiftly pass these bills with little public input. The bills were abruptly introduced during the last days of the lame-duck legislative session.