Lockyer
Chamber of Commerce of the U.S. v. Lockyer
Opinion
Opinion
Taylor, J.
ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT IN PART
Plaintiffs’ Motion for Summary Judgment is GRANTED in part.
I. BACKGROUND
Plaintiffs filed claims for declaratory and injunctive relief regarding Defendants’ enforcement of the California Assembly Bill 1889 adding California Government Code § 16645 and following. AB 1889 prohibits the use of state funds or property to assist, promote, or deter union organizing; allows remedies for such violations; and requires state fund recipients to maintain sufficient records to show state funds were not improperly used under AB 1889. The Attorney General may request a copy of such records.
Plaintiffs bring a Motion for Summary Judgment arguing AB 1889 is unconstitutional under the federal and California Constitutions and preempted by the National Labor Relations Act (NLRA), Labor Management Reporting and Disclosure Act (LMRDA), and the Medicare Act. Defendants and Intervenors contend Plaintiffs’ claims are barred by the 11th Amendment, the abstention doctrine, and Article III standing requirements.
II. DISCUSSION
Summary judgment is proper if “there is no genuine issue as to any material fact and the moving party is entitled…