Subsequently, a number of law suits have been filed. Although AAUP is not a litigant in these various lawsuits, we were a participant in the coalition that filed two of them and support the objectives of these suits. In brief, these suits questions the legality of Measure 8 from a number of different perspectives.
In Tissue v. State, the lawyers contend that the provision in Measure 8 that eliminates the counting of unused sick leave in computing pensions violates state and federal protection of regarding contract rights.
In Morgan v. State, the lawyers content that the provision eliminating the six percent pickup violates state and federal takings and equal protection clauses. The case is being made that this is a contractual violation.
In Oregon State Police Officers' Association v. State, the lawyers contend that Measure 8 violates federal contract clauses, due process, and equal protection in its elimination of the six percent pickup and the sick leave agreement.
In Atiyeh v State, the lawyers contend that the entire measure is unconstitutional because it is not a proper subject for a constitutional amendment.
On April 21, 1995, Judge Richard Barber, Marion County, ruled that the sick leave provision in Measure 8 is unconstitutional. His ruling has been appealed.