The constitutionality of a new law enacted by Gov. DeSantis two weeks ago is being challenged by multiple Miami unions and two employees.
The plaintiffs allege that SB 256 imposes harm on disfavored unions by exempting favored unions such as law enforcement, corrections, and firefighter employees who have supported Gov. DeSantis politically.
“SB 256 is an attack on the fundamental right of public employees to collectively bargain with their employer,” attorney Matthew Blumin wrote in the complaint. “SB 256 prohibits employees from voluntarily paying dues via deductions from their paychecks and prevents their chosen representatives from negotiating over the same.”
The lawsuit, filed on May 9 in Leon County state court, complains that provisions of SB 256 violate freedom of speech and association under Article V Section 5(b) of the Florida Constitution and Sections 26.012 and 86.011 of the Florida statutes.
But supporters of the law argue that the case lacks merit.
“Just saying 'We're not DeSantis's favorite unions' is not a really good legal argument,” said Rusty Brown, southern director of the Freedom Foundation, a union watchdog. “I truly believe it will not stand because that's not a legal argument. ‘He doesn't like me,’ is not a legal argument.”
Miami Beach Municipal Employees AFSCME Local 1554, North Miami Beach, Florida City Employees Local 3293, AFSCME, and the Professional Managers and Supervisors Association, which represents workers in Deerfield Beach, Riviera Beach, and West Palm Beach, are among the plaintiffs along with Carlos George, a fire equipment mechanic for Miami Beach, Judy Genao, an administrative assistant for the North Miami Beach Police Department, and Al Leal, a telecommunications superintendent for West Palm Beach.
“Plaintiffs George, Genao, and Leal are public safety workers,” Blumin alleges in the lawsuit. “They protect us, but they and countless other public safety employees in the state of Florida have been denied the protection of the state-preferred union carve-out.”
The Florida Public Employees Relations Commission is named as the sole defendant and the Court is asked to enjoin the Commission from implementing and enforcing provisions of SB 256. Donald Rubottom, whom DeSantis named as chair of the Commission on March 27, declined to comment on the litigation but said that on June 7, there is a public hearing and workshop scheduled for 9 a.m. at the R.A. Gray building in Tallahassee.
Advocates for the law argue that the way the state treats police, fire, and correctional officers is nothing new.
“Who they exempted out of the bill is those who fall under a special writ class,” Brown told the Florida Record. “That special writ class qualifies for discounts on property taxes. They have different pensions. They have different benefits. They have different pay scales. It's all completely different. They're not treated the same way at all.”