The fight to wreak full utilization aegis to gig doer in California seemed all but doom by November’spassage of Proposition 22 — a historically expensive ballot meter funded by Uber , Lyft , and others , which rolled backhard - gain ground rightsfor app workers in the nation . Today , workers divulge they had one last Hail Mary left .
A motley collection of complainant this good afternoon filed an emergency petition to California ’s state of matter Supreme Court seeking to overrule Prop 22 and have the criterion deemed “ invalid and unenforceable . ” The group includes three driver ( Hector Castellanos , Saori Okawa , Michael Robinson ) , one user of such service ( Joseph Delgado ) , as well as the Service Employees International Union — which has long fought to organise driver in the land .
While it ’s been over two months since Prop 22 blow over , drivers and their counsel believe the casing would be unbelievable to move forward while the presidential election was still being decided .
Photo: FREDERIC J. BROWN / Contributor (Getty Images)
As we covered leading up to November ’s voter turnout , a ballot measure is a profoundly hard thing to overturn by received means in California . Uber , Lyft , and the rest period managed to fasten enough votes in favour of their proposition to make it binding . So what on the nose do these drivers go for to argue ? Rather than take the matter to the state legislature and pray for a supermajority , they ’re hop to nail Prop 22 on the details by claiming that the voting measure itself circumvent the state constitution .
Most convincingly , the prayer states that under California ’s organisation , the lawmaking has out-and-out authority “ to establish and enforce a complete organisation of workers ’ compensation . ” By booting gig workers off worker ’s compensation — which they ’d been added onto via the enactment of AB5 , the police force Prop 22 was plan to tump over — the argument is that the voting measure is unconstitutional .
like complaints are made about how Prop 22 attempts to determine an “ amendment ” ; the orison argue this , too , overreaches the judiciary branch ’s authority . Doing so also , according to these drivers , is a usurpation of the single - subject rule , a law in California and14 other statesthat expect ballot measures only be about one affair ( as the name implies ) , to make such measures comfortable to understand , and to keep them from being aggrandize with too panoptic or unrelated condition [ vehemence ours ] :
in conclusion , Proposition 22 violates the single - subject rule by lay to rest these cryptic amendment provisions on subject not substantively addressed in the measurement , and in language that most voters would not understand . The touchstone grossly deceive the elector , who were not told they were voting to prevent the Legislature from grant the number one wood corporate bargaining rights , or to preclude the Legislature from provide incentives for caller to give app - ground drivers more than the minimal wages and benefits furnish by Proposition 22 . If allowed to stand , the stratagem will be double in other first step as an effective means to slip potentially unpopular provisions past the voters .
That last part , while perhaps not the most related to organic overreach , is what ’s been top - of - mind for many worker since Prop 22 draw : the fear that gig work company will begin turn over back proletarian protections across the country .
fit in to lawyer Scott Kronland on a TV press conference earlier today , he expects the tribunal to respond — and hopefully take up the case — within a few weeks .
We ’ve reached out to Uber and Lyft for gossip and will update if we find out back . The petition is attached below .
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