The Freedom Foundation announced it filed a federal lawsuit against Oregon Attorney General Dan Rayfield, the Oregon Employment Relations Board and five public-sector unions seeking to block House Bill 3789 before it takes effect and to have the law declared unconstitutional.
According to the Freedom Foundation, the lawsuit was filed on December 31 in the U.S. District Court for the District of Oregon. The organization claims that House Bill 3789 infringes upon the First Amendment by permitting unions to fine groups that inform public employees about their rights under the Supreme Court’s Janus v. AFSCME decision. The defendants named in the suit include Oregon Attorney General Dan Rayfield, the Oregon Employment Relations Board, and unions such as Service Employees International Union (SEIU) Local 503. The foundation is seeking an immediate injunction, asserting that the law could lead to $1 billion in liability for one mailing to Oregon public employees.
The Freedom Foundation reported that following the Janus decision, over 35,000 Oregon public employees have opted out of union membership, resulting in more than $100 million in lost dues for state unions. According to them, Oregon Senate Republicans opposed House Bill 3789, arguing that existing impersonation laws are sufficient and that the bill targets union critics. Additionally, they noted that a complaint against an Oregon Education Association lobbyist for altering a Freedom Foundation mailer was reviewed by the Oregon Government Ethics Commission but found no intentional misrepresentation.
Nationally, public-sector union membership has decreased by approximately 10 percent in areas impacted by the Janus decision. The American Federation of State, County and Municipal Employees (AFSCME) reportedly lost over 200,000 dues-paying members between 2017 and 2022 due to this ruling. This has resulted in an estimated $721 million loss in funding previously collected through mandatory fees. The Freedom Foundation states that since this decision, over 251,000 public employees across the United States have opted out.
Founded in 1991 as the Evergreen Freedom Foundation by former Washington State Representative Bob Williams and Lynn Harsh, the organization focuses on promoting free markets and limited government with an emphasis on addressing public-sector unions. Under CEO Tom McCabe since 2014, it shifted focus to assisting public employees in opting out of unions following court rulings like Harris v. Quinn. With Aaron Withe as CEO since 2021, it has expanded its efforts nationwide.
