Oregon's voter-approved pot labor law is unconstitutional, federal judge rules
PORTLAND, Ore. (AP) — A federal judge in Oregon struck down a voter-approved measure regarding cannabis labor agreements Tuesday, ruling that it was unconstitutional.
Measure 119, which was passed by Oregon voters last year, required cannabis businesses to have a labor peace agreement with a labor organization in order to obtain or renew a license. The agreements would have required employers to remain neutral when a labor organization communicated with employees about collective bargaining rights.
U.S. District Judge Michael Simon barred enforcement of the measure, finding that it violated the free speech of cannabis business owners and was preempted by federal labor law, The Oregonian/OregonLive reported.
The National Labor Relations Act allows employers to express 'any views, argument or opinion' that are not threatening or coercive without facing an unfair labor practice claim.
The lawsuit was filed by Ascend, a cannabis retailer in Portland, and Bubble's Hash, a processor that makes edibles and concentrates also based in Portland.
State lawyers who defended the measure had argued that the measure didn't curb speech because employers can still express opinions about unions as long as they're neutral, The Oregonian/OregonLive reported.
Simon disagreed and entered a permanent injunction barring enforcement of the measure.
'Measure 119 is not limited to restricting only threatening, coercive, false, or misleading speech, but instead prohibits all speech by employers that is not 'neutral' toward unionization,' he wrote.
During a hearing last month, Simon said he recognized the 'historical and valuable role' of unions and that those who work in the cannabis industry can face greater dangers than typical workers, The Oregonian/OregonLive reported. But he said he struggled with the ambiguity of the measure's text regarding what it would allow an employer to say or do.
Oregon's Department of Justice did not immediately respond to a message seeking comment from The Oregonian/OregonLive. It has not yet said whether the state intends to appeal Simon's ruling.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Winnipeg Free Press
42 minutes ago
- Winnipeg Free Press
New York legislators vote to preserve media access to encrypted police radio communications
ALBANY, N.Y. (AP) — New York state lawmakers have passed a bill to preserve media access to police radio feeds as law enforcement agencies increasingly encrypt their communications. The proposal, which was approved Thursday, would require police departments to grant journalists and emergency services organizations access to their encrypted radio communications. The bill allows for exemptions of information deemed 'sensitive.' The state will need to come up with exact rules on how access will work under the proposal. The measure is a victory for media organizations whose reporters and photographers often tune in to police radio chatter and then zip over to crime scenes or other big happenings in search of stories. 'Preserving access to police radio is critical for a free press and to preserve the freedoms and protections afforded by the public availability of this information,' said Senate Deputy Leader Michael Gianaris, a Democrat sponsor of the legislation. The New York Police Department said encrypting radio feeds is meant to protect officers and victims. 'Encrypting police radio communications is necessary for both the safety of law enforcement, as well as to protect the privacy interests of victims and witnesses,' the department said in a written statement. 'Requiring the NYPD to provide real-time access could jeopardize officer safety and victim privacy.' The proposal now heads to the desk of Democratic Gov. Kathy Hochul. Her office did not immediately return an email seeking comment.
Winnipeg Free Press
42 minutes ago
- Winnipeg Free Press
Migrants and ICE officers contend with heat, smog and illness after detoured South Sudan flight
WASHINGTON (AP) — Migrants placed on a deportation flight originally bound for South Sudan are now being held in a converted shipping container on a U.S. naval base in Djibouti, where the men and their guards are contending with baking hot temperatures, smoke from nearby burn pits and the looming threat of rocket attacks, the Trump administration said. Officials outlined grim conditions in court documents filed Thursday before a federal judge overseeing a lawsuit challenging Immigration and Customs Enforcement efforts to swiftly remove migrants to countries they didn't come from. Authorities landed the flight at the base in Djibouti, about 1,000 miles (1,600 kilometers) from South Sudan, more than two weeks ago after U.S. District Judge Brian E. Murphy in Boston found the Trump administration had violated his order by swiftly sending eight migrants from countries including Cuba and Vietnam to the east African nation. The judge said that men from other countries must have a real chance to raise fears about dangers they could face in South Sudan. The men's lawyers, though, have still not been able to talk to them, said Robyn Barnard, senior director of refugee advocacy at Human Rights First, whose stated mission is to ensure the United States is a global leader on human rights. Barnard spoke Friday at a hearing of Democratic members of Congress and said some family members of the men had been able to talk to them Thursday. The migrants have been previously convicted of serious crimes in the U.S., and President Donald Trump's administration has said that it was unable to return them quickly to their home countries. The Justice Department has also appealed to the Supreme Court to immediately intervene and allow swift deportations to third countries to resume. The case comes amid a sweeping immigration crackdown by the Republican administration, which has pledged to deport millions of people who are living in the United States illegally. The legal fight became another flashpoint as the administration rails against judges whose rulings have slowed the president's policies. The Trump administration said the converted conference room in the shipping container is the only viable place to house the men on the base in Djibouti, where outdoor daily temperatures rise above 100 degrees Fahrenheit (38 degrees Celsius), according to the declaration from an ICE official. Nearby burn pits are used to dispose of trash and human waste, and the smog cloud makes it hard to breathe, sickening both ICE officers guarding the men and the detainees, the documents state. They don't have access to all the medication they need to protect against infection, and the ICE officers were unable to complete anti-malarial treatment before landing, an ICE official said. 'It is unknown how long the medical supply will last,' Mellissa B. Harper, acting executive deputy associate director of enforcement and removal operations, said in the declaration. The group also lacks protective gear in case of a rocket attack from terrorist groups in Yemen, a risk outlined by the Department of Defense, the documents state. ___ Associated Press writer Rebecca Santana contributed to this story.
Toronto Star
an hour ago
- Toronto Star
Bangladesh to hold national elections in April 2026, interim leader Yunus says
DHAKA, Bangladesh (AP) — Bangladesh's interim leader Muhammad Yunus on Friday said that the country will hold national elections in the first half of April 2026. In a televised address to the nation on Friday, the Nobel Peace Prize laureate said that the Election Commission would roll out a detailed roadmap for the election in due course.
