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Judge rules that right-to-work lawsuit will move on in court

April 3, 2013

An Ingham County judge ruled Wednesday morning the state might have broken the law when officials closed the Capitol during controversial right-to-work proceedings in early December, deciding there’s enough of a case to bring the issue before the court next week.

The American Civil Liberties Union, or ACLU, filed a lawsuit against the state of Michigan claiming it violated the Open Meetings Act when it closed Capitol doors Dec. 6, 2012 while legislators inside were deliberating right-to-work legislation.

Ingham County Circuit Court Judge William Collette heard arguments this morning at the Mason courthouse between ACLU members and representatives from Michigan Attorney General Bill Schuette’s office.

Collette denied Schuette’s request to dismiss the claim the state violated the Open Meetings Act, but did grant a dismissal of the ACLU’s case against Captain Kevin McGaffigan, the chief officer of the Michigan State Police who made the decision to close the Capitol.

Although people were inside the Capitol at that point, officials closed doors to any new visitors for more than four hours, citing safety concerns with the large number of people crowding in the building.

The attorneys for the state argued the Open Meetings Act was not violated because people still filled the chambers during the right-to-work proceedings.

State attorneys also argued people had access to the proceedings because media members were present and were reporting what was happening to viewers, and the proceedings were broadcast on local TV channels.

With advancing technology, Collette questioned what could be considered
“access.”

ACLU members spent the duration of arguments, which only lasted about a half hour, presenting what they referred to as “indisputable facts” regarding when right-to-work proceedings began, when the Capitol was closed and other details about Dec. 6.

The judge ruled the ALCU had enough of a case to move forward and ruled to hear more arguments next Thursday, allowing the plaintiffs to decide which witnesses to present and collect evidence.

Check tomorrow’s print edition of The State News for the full story.

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