SACRAMENTO (Oct. 29, 2026) — Western Growers Association, along with the California Chamber of Commerce and the California Restaurant Association, issued the following statement on Thursday after the U.S. Ninth Circuit Court of Appeals affirmed the lower court ruling blocking the enforcement of Senate Bill 399 that would limit employer communications with workers on a variety of issues, including possible union representation:

The Ninth Circuit got it right: SB 399 violates an employer’s First Amendment rights to free speech by dictating what kinds of meetings can, and cannot, be considered mandatory for employees to attend.

The state cannot limit the speech of any business owner simply because the contents of that speech might differ from the political viewpoint of elected officials or outside interest groups.

By upholding the ruling of the district court, the Ninth Circuit has ensured those in the agriculture and restaurant industries — along with all California businesses — can communicate openly with their employees about any issue that might affect a company.

Today’s ruling serves as a reminder that free speech, unrestrained by government overreach, is an essential part of our American democracy.