United Auto Workers Local Union, 1112 v. James Philomena, Esq.
Decision Date | 10 March 1998 |
Docket Number | 98-LW-1962,97APE01-69,No. 97APE01-100,97APE01-100 |
Parties | United Auto Workers Local Union, 1112 et al., Plaintiffs-Appellees, Ohio Education Association et al., Plaintiffs-Appellants, v. James Philomena, Esq. et al., Defendants-Appellees United Auto Workers Local Union 1112 et al., Plaintiff-Appellants, Ohio Education Association et al., Plaintiffs-Appellees v. James A. Philomena, Esq. et al., Defendants-Appellees |
Court | Ohio Court of Appeals |
APPEAL from the Franklin County Court of Common Pleas.
McTigue & Brooks, and Donald J. McTigue, for appellees United Auto Workers, Local Union 1112 & 1714, United Auto Workers Region 2, U.A.W. Ohio State Political Action Committee, Anthony Zone and Robert Chambers.
Christopher Lopez; Kalniz, Iorio & Feldstein Co., L.P.A., Ted Iorio and Christine A. Reardon, for plaintiffs-appellants/cross-appellee, Ohio Education Assn. and Affiliates.
Betty D. Montgomery, Attorney General, Jeffrey S. Sutton, David M. Gormley and Diane R. Richards, for defendants/ cross-appellants, Bob Taft, Secretary of State, Ohio Elections Commission, and Betty D. Montgomery, Attorney General.
Paul J. Gains, Mahoning County Prosecuting Attorney, Diane Politi and James A. Philomena, for defendant-appellee/cross-appellant, James A. Philomena.
The appeal presently before this court brings to our consideration the constitutionality of legislation included in Ohio's Campaign Finance Reform Act, Am.Sub.S.B. No. 8 ("S.B. 8"), and presents significant free speech and association issues.
Enactment of S.B. 8 in 1995 brought about major changes in Ohio's campaign finance law. Notable to the present appeal are certain provisions affecting public employees and labor organizations. As to public employees, S.B. 8 prohibits them from making voluntary political contributions by way of payroll deduction, and it prohibits a public employee from being solicited for, or from soliciting, contributions while the employee is performing official duties or is in an area where official state business occurs. As to labor organizations, S.B. 8 prohibits them from using their money to aide and support a political party, a candidate for public office, a political action committee ("PAC"), a legisla-tive campaign fund, or any organization that supports or opposes any such candidate, for any partisan political purpose, or for political fundraising. Labor organizations wishing to participate in this political activity must do so indirectly through a voluntary PAC which it must establish and administer. S.B. 8 also restricts from whom labor organizations may solicit contributions for its PAC and requires the solicitation to be in writing and limited to no more than four times a year.
Plaintiffs-appellants/cross-appellees brought an action challenging the facial constitutionality of S.B. 8 and sought declaratory and injunctive relief halting its implementation and enforcement. The action was originally filed in the Mahoning County Court of Common Pleas and was transferred to the Franklin County Court of Common Pleas on August 11, 1995.
Plaintiffs-appellants/cross-appellees are as follows: United Auto Workers Local Unions 1112 and 1714, unincorporated labor associations; United Auto Workers Regions 2 and 2B, unincorporated labor associations; United Auto Workers Ohio State Political Action Committee; Anthony Zone, the president of and a member of UAW Local 1112; Robert Chambers, the president of and a member of UAW Local 1714; the Ohio Education Association, an incorporated association; the Ohio Education Association-Educators Political Action Committee ("OEA-EPAC"); the Youngstown Education Association; John Senzarin, a member of the Youngstown Education Association who contributes to OEA-EPAC through payroll deduction; the Youngstown State University Chapter of the Ohio Education Associations; the Poland Education Association, OEA/NEA ("appellants").
Defendants-appellees/cross-appellants are as follows: James Philomena, Mahoning County Prosecuting Attorney; Secretary of State Bob Taft; the Ohio Elections Commission; and Ohio Attorney General Betty Montgomery ("appellees").
Before the common pleas court issued its decision, the United States District Court for the Northern District of Ohio, Western Division, issued a decision on a preliminary injunction action enjoining enforcement of the follow-ing sections of the Ohio Revised Code S.B. 8: R.C. 3517.082(B)(3), 3517.082(D), 3517.09(C), 3599.031(H), and 3599.031(I) as it impacts contracts in existence on the effective date of S.B. 8. The district court denied the requested preliminary injunction against R.C. 3599.03(A) and (B), 3517.102(D)(1), and 3517.092(F)(1) and (2). Toledo Area AFL-CIO Council v. Pizza (N.D. Ohio 1995), 898 F.Supp. 554. The district court subsequently lifted the injunction as to R.C. 3517.082(B)(3). Toledo Area AFL-CIO Council v. Pizza (N.D. Ohio 1995), 907 F.Supp. 263.
Following a consolidated bench trial on the merits of the complaint for declaratory and injunctive relief and the hearing on appellants' application for a preliminary injunction, the Franklin County Court of Common Pleas issued a decision and order finding unconstitutional R.C. 3517.082(D)'s requirements that all solicitation of contributions for a labor organization's PAC be in writing and limited to four solicitations per year and enjoining enforcement of those provisions of R.C. 3517.082(D). As to the remaining challenged provisions of S.B. 8, the court found them constitutional and denied injunctive relief. Both sides appeal the trial court's decision and order.
Nine assignments of error are presented for review. Appellants OEA, OEA-EPAC, the Youngstown Education Association, John Senzarin, the Youngstown State University Chapter of OEA, and the Poland Education Association raise and argue assignments of error one through four; the UAW affiliated appellants raise and argue assignments of error five through nine. The assignments of error are as follow:
When the constitutionality of a statute is challenged, the state's interest in the contested statu...
To continue reading
Request your trial