The 10th U.S. Circuit Court of Appeals has upheld a 2006 decision by U.S. District Court Judge Tena Campbell that the Voluntary Contributions Act (VCA)--a Utah law prohibiting public employees, including educators, from making political action donations by payroll deduction--is unconstitutional.
The decision brings to a close nearly seven years of court battles that began in 2001 after Utah Representative Chad Bennion (R-Murray) convinced the Utah Legislature to pass House Bill 179 (VCA), which placed restrictions on public employee unions--including the Utah Education Association--regarding the collection of political contributions. The UEA and several other labor organizations filed legal arguments challenging the new law as unconstitutional.
In the 10th Circuit decision, the justices wrote, "We conclude that as applied to local school districts, municipalities, counties, and other political subdivisions, Utah Code § 34-32-1.1(2)(g) (the VCA) violates the First Amendment. Accordingly, we AFFIRM the judgment of the district court."
"The state spent hundreds of thousands of taxpayer dollars defending this unconstitutional law. Instead of concentrating on the critical needs of our public schools, the Legislature attempted to silence the voice of teachers and other public employees," said UEA President Kim Campbell. "Parents are telling us to focus on the real priorities--class size reduction, investing in modern classroom tools and resources, and providing salaries that attract and retain the best teachers. We have an obligation to spend taxpayer dollars in a meaningful way."