A union watchdog has appealed the dismissal of their lawsuit against a Los Angeles teacher’s union on behalf of a high school teacher who objected to the union's use of dues to support the "defund the police" movement.
The Freedom Foundation filed its appellate brief on Dec. 15, 2021, in the Ninth Circuit Court of Appeals in Laird v United Teachers Los Angeles (UTLA) after U.S. District Judge for the Central District Fernando Aenlle-Rocha issued a dismissal.
In a July 2022 decision, Aenlle-Rocha said he dismissed the lawsuit because he did not believe the plaintiff could prove "future harm" from the union's actions.
The underlying lawsuit was lodged after former public high school teacher, Glenn Laird, became disillusioned with the union’s support of the ‘defund the police’ movement and its decision to remove police officers from schools.
“The particular area he was teaching in was a little bit rough so he was a regular witness of student-on-student violence,” said Timothy Snowball, litigation counsel with the Freedom Foundation, a union watchdog. “He cannot morally condone these folks using his money and putting kids’ lives in danger even being a union supporter. It was the principle.”
Laird asked to withdraw from the union, but he was not immediately refunded dues of $89.54 for the month of January.
“His money has already been spent and so part of what we requested, in this case, are damages in excess of the money that they took and spent on political speech without his affirmative consent,” Snowball told the Southern California Record.
Aenlle-Rocha, however, decided that Attorney General Rob Bonta, who is named as a defendant, is entitled to sovereign immunity.
The Freedom Foundation disagrees, arguing that Bonta is the official responsible for enforcing Education Code 45060 statutes.
“That was a strange conclusion by the lower court,” Snowball said. “But for this statute and this system that the Attorney General is responsible for, they wouldn't have a claim to any part of Glenn Laird's money.”
In their appeal brief, the Freedom Foundation argues that UTLA violated Laird's rights by taking his money without any process, not offering to repay those dues, or offering to compensate him for the constitutional harm in forcing him to fund speech to which he objected.
"They had a campus lockdown when a former student of his was shot and killed on campus while visiting, so over time, Glenn Laird developed this opinion that a few officers available on campus can neutralize the threat because they show up right away," Snowball added.