Chinese Progressive Association's Motion to Dismiss Sunshine Lawsuit Granted: Victory for Workers Rights Organizing

On Monday, August 3rd, a judge ruled in favor of the Chinese Progressive Association's (CPA) motion to dismiss Sunshine Travel's defamation lawsuit against them. The judge has agreed to dismiss all claims except for the claim regarding the unauthorized use of the trademark or logo. This is a tremendous victory for CPA and for all workers who want to organize to assert their legal rights!

CPA was victorious because the judge agreed that CPA's actions complained of by Sunshine Travel constitute petitioning activities protected under the anti-SLAPP statute. A Strategic Lawsuit Against Public Participation ("SLAPP") is a lawsuit that is intended to intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Winning the lawsuit is not necessarily the intent of the person filing the SLAPP. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion, and abandons the criticism. A SLAPP case may also intimidate others from participating in the debate.

The court's decision this week affirms what CPA has believed all along, that the lawsuit was part of Sunshine Travel's attempts to undermine the organizing efforts of the workers and CPA. We are thankful that the court has ruled in CPA's favor, and for the work of our lawyers at Greater Boston Legal Services and Bingham McCutchen LLC.

Sunshine Travel's lawsuit was an attempt to impede the struggle of ten former bus drivers who alleged safety violations and wage theft at Sunshine Travel Services. The drivers were organizing in order to protest employment practices such as having to pay a $2000 deposit before they started working , having to pay for bus repairs, being paid $100 per day, being paid only $100 per day regardless of the number of hours they worked . They also complained about their employer deducting $2/day from their paychecks. Drivers also reported sometimes driving hours in excess of the 10 hours maximum required by the Department of Transportation.

With this victory, CPA's Workers Center will continue in its mission to help Chinese workers learn about workplace rights in the US and to take collective action to obtain their rights. Because employees have less power or resources than the employer, we help workers develop a unified voice and learn to use community, political, or consumer support as leverage for direct settlement of disputes. We are organizers and advocates, and also can provide assistance with filing government complaints or legal referrals.

CPA continues to support the Sunshine Travel bus drivers and continues in our commitment to helping workers secure their rights to full compensation, compliance with workplace and public safety standards, and dignity on the job. Only when our community businesses uphold decent standards for the workers can our community economy develop in a healthy way.

Amy Leung is Workers Center Organizer at the Chinese Progressive Association