Date: Jun 30, 2022

Colorado agriculture groups, including Western Growers’ strategic partner, Colorado Fruit & Vegetable Growers Association, last week filed a lawsuit on behalf of farmers and ranchers who claim the provision granting access to key service providers in SB21-087 (Ag Labor Rights & Responsibilities Act) could adversely affect their operations and is not constitutional.

The suit was filed in the U.S. District Court and asserts the provision in the Colorado law is much more restrictive than the Access Rule under California’s Agricultural Labor Relations Act, struck down last year by the U.S. Supreme Court.  In Cedar Point Nursery v. Hassid, the Supreme Court held that the Access Rule, which permitted union organizers to enter a farmer’s property to solicit employees about supporting a union, is a “per se” taking (i.e., one that involves a major intrusion of private property) for which just compensation must be paid to the property owner.

The ag groups’ press release can be found here.

WG Staff Contact

Jason Resnick
Sr. Vice President & General Counsel

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