The Columbus Dispatch

Judge: Calif. ride-hailing law not constituti­onal

- Brian Melley

LOS ANGELES – A judge Friday struck down a California ballot measure that exempted Uber and other app-based ride-hailing and delivery services from a state law requiring drivers to be classified as employees eligible for benefits and job protection­s.

Alameda County Superior Court Judge Frank Roesch ruled Propositio­n 22 was unconstitu­tional.

Voters approved the measure in November after Uber, Lyft and other services spent $200 million in its favor, making it the most expensive ballot measure in state history.

Uber said it planned to appeal, setting up a fight that could likely end up in the California Supreme Court.

“This ruling ignores the will of the overwhelmi­ng majority of California voters and defies both logic and the law,” company spokesman Noah Edwardsen said. “You don’t have to take our word for it: California’s attorney general strongly defended Propositio­n 22’s constituti­onality in this very case.”

He said the measure will remain in force pending the appeal.

The judge sided with three drivers and the Service Employees Internatio­nal Union in a lawsuit that argued the measure improperly removed the state Legislatur­e’s ability to grant workers the right to access to the state workers’ compensati­on program.

“For two years, drivers have been saying that democracy cannot be bought. And today’s decision shows they were right,” said Bob Schoonover, president of the SEIU California State Council.

Propositio­n 2 shielded app-based ride-hailing and delivery companies from a labor law that required such services to treat drivers as employees and not independen­t contractor­s, who don’t have to receive benefits such as paid sick leave or unemployme­nt insurance.

Uber and Lyft threatened to leave the state if voters rejected the measure.

Labor spent about $20 million to challenge the propositio­n.

The state Supreme Court initially declined to hear the case in February – mainly on procedural grounds.

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