Protesters sit on the floor, Tuesday, Dec. 11, 2012, at the Capitol in Lansing to protest the passage of the right-to-work laws. Thousands participated in the rally to protest the right-to-work laws. Justin Wan/The State News
—Michigan’s right-to-work law will face some heat in the courts next week after an Ingham County judge ruled Wednesday to hear a case against the controversial legislation.
Ingham County Circuit Court Judge William Collette rejected Michigan Attorney General Bill Schuette’s motion to dismiss a lawsuit the American Civil Liberties Union, or ACLU, filed against the state of Michigan.
The ACLU accused the state of violating the Open Meetings Act by closing the Capitol on Dec. 6 while the Michigan Legislature discussed the right-to-work bill. If the courts find the restricted discussions violated federal and state law, the right-to-work legislation could be invalidated.
The act requires taxpayer-funded organizations, such as the MSU Board of Trustees or the Michigan Legislature, keep meetings open to the public.
Michigan State Police closed the Capitol to the public for about four hours after deciding it was unsafe to let more people in.
State attorneys argued the Open Meetings Act was not violated because there were people watching the proceedings inside the building after the doors closed.
Assistant State Attorney General Michelle Brya said the purpose of the act is to ensure public officials don’t meet in secret and that wasn’t the case Dec. 6.
“There is nothing that took place on the House or Senate floor during the closure of the Capitol that was a secret,” she said.
Brya said the public had access to the proceedings because the media was present to report what happened.
ACLU attorney Michael Pitt said House Democrats asked presiding officers to suspend deliberation on the bills until the public could fully participate in the process.
Collette mentioned reading news articles revealing the Michigan Legislature attempted to take seats in the gallery as early as 8 a.m. — hours before right-to-work discussions began.
“I can’t believe that people who were not ordered to be there would be there four hours ahead,” Collette said. “I’ve never even gone to a Spartan football game that early.”
MSU Graduate Employees Union President Dan Clark said he supports invalidating the right-to-work law.
He said although lawmakers can create a revised law if the current is struck down, he doesn’t think similar legislation would pass again because of the turnover of lawmakers serving in the new session.
“I don’t believe they have the votes now to do it, and that’s why they jammed it through the lame duck session,” Clark said.
Collette ruled there was enough of a case to allege the Open Meetings Act was violated, although that doesn’t mean it actually happened.
The parties will return to court next Thursday to discuss scheduling for the case proceedings.
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