Judge Rules AFT Union Members in Florida Can Challenge Senate Bill 266

TALLAHASSEE, Fla.—A Florida judge has ruled that union members must have their day in court to challenge Senate Bill 266, a full-frontal attack on academic freedom and First Amendment rights of Florida college faculty that, among other things, bans independent arbitration of personnel decisions. Florida attempted to have the case thrown out, but this week Judge J. Lee Marsh of the 2nd Judicial Circuit of Florida rejected the state’s motion to dismiss the case brought by the United Faculty of Florida, an AFT affiliate, and a UFF faculty member—and it will now proceed.

“Time and again, judges continue to rule against Gov. Ron DeSantis and his extremist, unconstitutional laws,” said AFT President Randi Weingarten. “This crucial decision ensures that unions and their members will have their day in court to hold the governor and Florida lawmakers accountable for casting aside the state’s clear contractual and constitutional obligations so politicians can more easily fire those they view as their opponents.

“Senate Bill 266 is the work of those who dismiss freedom and undermine knowledge, not believers of freedom and promoters of knowledge. It would have a chilling effect on higher education in the state by muzzling the academic freedom and First Amendment rights of college professors and would jeopardize the quality of education in Florida’s public universities. We look forward to further victories in court—and in the court of public opinion.”

“The court’s decision rightly rejects the Florida Board of Governors’ efforts to help the state dodge responsibility for its attacks on Florida university faculty unions’ bargained-for employment protections,” said Corey Stoughton, of Selendy Gay PLLC and counsel for the UFF. “We look forward to continuing to fight back against efforts to undermine Florida’s constitutional right to collective bargaining and unions’ contractual rights.”

Florida’s colleges and universities are beacons for students both in and out of our state,” said Teresa M. Hodge, president, United Faculty of Florida. “But laws that seek to censor the voices of our faculty and graduate assistants purposefully dim the light of our higher education institutions and the students who benefit from their offerings. We will continue to advocate for the best higher education system in the world and are heartened by the decision of the court.”

“Attacks on our higher education institutions are nothing new for this administration, and we are glad to see a ruling that will ensure this case is fairly argued,” said Andrew Spar, president, Florida Education Association. “Faculty and graduate assistants have the right to advocate for themselves and their work environments—regardless of who the governor is.”