Lawsuit Must Wait Until Employer Gets Sued; AOI Prepared for Next Opportunity

AOI's much-anticipated federal legal challenge against Senate Bill 519 – also known as the "employer gag bill" – hit a speed bump late last week as Federal Judge Michael Mosman ruled in Associated Oregon Industries and United States Chamber of Commerce v. Brad Avakian and Laborer's Local 296 that the issue was not "ripe" and therefore could not be addressed by the courts. The effect of the judge's opinion is that AOI cannot proceed with a lawsuit challenging the law until an Oregon employer is either sued or faces a direct threat of lawsuit under SB 519.

The ruling by Judge Mosman did not address the merits of AOI's claims against SB 519, nor did it preclude AOI from initiating another challenge.

In fact, AOI is already prepared to file the proper legal challenge when the opportunity arises. The groundwork has already been laid and the legal briefs are drafted.

Although it was a known risk that a federal judge may rule as Judge Mosman did, AOI was not willing that any of its members should be sued under SB 519 and sought a preemptive challenge. AOI filed the early challenge to provide members and the larger employer community with guidance.  We understood the risk of encountering these procedural issues, but felt the negative impact on employers throughout the state justified an aggressive stance.

Unfortunately, the judge's decision means that AOI must wait until an Oregon employer is sued under SB 519 before launching a federal challenge. This challenge, while now delayed, is not over.  AOI continues to believe the law is unconstitutional and will be diligently looking for the next opportunity to make our substantive arguments. 

Any employer threatened with an action under SB 519 should contact AOI immediately so we can be of assistance. 

(You can read Judge Mosman's opinion here)