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Lake Co. judge strikes down Indiana right-to-work

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A Lake County judge struck down Indiana's right-to-work ban on certain union fees in a second legal blow to the contentious law passed in 2012.

Lake Circuit Judge George Paras determined the law violates the state constitution by forcing unions to provide services to workers without payment. He wrote in his July 17 ruling that the law was immediately "null and void". Paras determined that the state interjected itself into a federal requirement that unions represent all workers -- whether they pay union fees or not -- when it established criminal penalties for violating the right-to-work law.

The United Steelworkers, which lobbied unsuccessfully against the law in 2011 and 2012, filed the suit against the state.

Indiana became the 23rd state in the nation to ban unions from charging mandatory fees for representation in February 2012; later that year, Michigan Gov. Rick Snyder rushed through legislation making Michigan the 24th state to ban the fees. Indiana's extensive battle on the issue drew thousands of protesters to the Statehouse between 2011 and 2012.

Attorney General Greg Zoeller said Wednesday he would appeal and seek an immediate stay of the ruling.

"Strong opinions exist on both sides about involuntary union dues, but the Attorney General's Office has a duty to defend the laws the Legislature passes," Zoeller said in a statement Wednesday.

Lake Superior Judge John Sedia judge struck down the law last fall in a separate case, but stayed it from taking effect. That case is now being considered by the Indiana Supreme Court.

The International Union of Operating Engineers Local 150, representing northwest Indiana, filed the suit being considered by the state's high court and praised the decision in the sister lawsuit Wednesday.

"We applaud the decision of the Court and congratulate the Steelworkers on successfully dealing another blow to Indiana's ill-conceived 'right to work' law," IUOE Local 150 president-business manager James M. Sweeney said in a statement Wednesday evening.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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