(PORTLAND) — In a hearing lasting more than three hours, Federal Magistrate Judge Jeffrey Armistead on Jan. 15 heard arguments in a lawsuit filed by a Jewish teacher against the Portland Association of Teachers and Portland Public Schools.
This lawsuit seeks damages and injunctive relief for injuries the plaintiff (identified as John Doe) suffered when the union and school district engaged in prolonged antisemitic messaging that created a hostile work environment.
The court action, filed by the Freedom Foundation on behalf of the plaintiff, also challenges Oregon’s exclusive representation law requiring Mr. Doe — although not a union member — to be represented by a union that supports the annihilation of his homeland.
At the hearing, Freedom Foundation attorneys Rebekah Schultheiss and Shella Alcabes represented the plaintiff in four separate motions to dismiss, one special motion to strike (anti-SLAPP), and argued the plaintiff’s motion to proceed in the litigation using a pseudonym.
The hearing ran the gamut from the school district and union’s argument that collective bargaining does not violate the First Amendment to the union’s assertion that Mr. Doe does not deserve the protection of a pseudonym in this litigation.
Portland Public Schools took the prize for the most outrageous argument when its attorneys insisted Mr. Doe’s claims of a hostile work environment are subject to Oregon’s anti-SLAPP statute (Strategic Lawsuit Against Public Participation).
The whole purpose of an anti-SLAPP statute is to prevent an attempt by a bad-faith plaintiff to bring costly litigation against a defendant who is merely engaging in free speech activity with which the plaintiff disagrees.
It is not intended to protect government employers against meritorious hostile work environment claims by claiming hostile messaging in the workplace is somehow protected free speech by the government.
In fact, the judge asked whether the motion was an attempt to turn the anti-SLAPP statute on its head. Shella Alcabes concurred with the judge’s characterization and eviscerated the district’s arguments.
Subsequently, the district withdrew the anti-SLAPP motion.
“Mr. Doe has shown tremendous courage in standing up against two powerful institutions,” Schultheiss said. “It is an honor to stand with him.”
The motions to dismiss and the motion for Mr. Doe to proceed under a pseudonym remain pending the judge’s determination.
The importance of this fight is illustrated perfectly by the union’s motion to compel Mr. Doe to reveal his full legal name in this lawsuit, The Portland Association of Teachers is still the union that represents Mr. Doe’s bargaining unit, and it has a legal responsibility to preserve his best interests in matters touching on wages hours and working conditions.
Yet the union is the party arguing that Mr. Doe should have to reveal his full legal name. The union maintains that Mr. Doe must reveal his name despite the target that this would paint on Mr. Doe and his family, and the ongoing threats from extremists who are willing to victimize anyone who is identified as Jewish or pro-Israel.
Those who’ve studied the history of labor unions will not be surprised at the union’s stance, however, since intimidation is a tactic straight out of union playbooks.
Stay tuned for further updates as this litigation proceeds.
