Judge to Arizona Gov. Brewer: Paycheck Deception is Unconstitutional

by Allison Padgett  |  September 29, 2011

In a serious blow to the anti-worker agenda of Gov. Jan Brewer and the state Legislature, a federal court judge recently ruled that Arizona’s paycheck deception law is unconstitutional. The ruling went a step further and stopped the State Attorney General from enforcing it.

“The judge made it clear that the paycheck deception law violates the constitution, the freedoms that all Americans treasure and the First Amendment rights of public service workers,” said Sheri Van Horsen, president of AFSCME Local 3111. “This law is nothing but a power grab by extremist politicians determined to silence the voices of nurses, teachers and all working people.”

Arizona’s paycheck deception law is just one of several anti-worker bills that was pushed through the last legislative session and signed by Governor Brewer. It was apparently modeled after legislation written by the conservative national group American Legislative Exchange Council (ALEC), which promotes union-busting measures and corporate tax breaks in state legislatures across the country.

Paycheck deception laws ban payroll deductions for the collection of union dues from state and other public workers, while exempting other organizations that use payroll deduction. They have popped up in numerous state legislatures this year as part of a concerted attack on the rights of public service workers.

In his ruling, District Court Judge G. Murray Snow determined the law was unconstitutional because it imposed burdens solely on unions collecting dues. And, by exempting other organizations including public safety unions, the government was attempting to suppress the political speech of those whose views may be unfavorable to them.