Judge denies transfer request in AB 5 suit

A federal judge on Wednesday denied a request to transfer a case challenging Assembly Bill 5 to another jurist dealing with a similar case.

U.S. District Judge Phillip S. Gutierrez found the two cases filed recently in the Central District -- Olson v. California and American Society of Journalists and Authors v. Becerra -- were not related, despite both seeking injunctive and declarative relief by arguing the employee-presumptive law violates portions of the U.S. Constitution.

Gutierrez, who is presiding over the American Society case, wrote Olson argues that AB 5 targets "workers and companies" like Uber Technologies Inc. and Postmates Inc., who use app-based technology to provide and perform work. Olson v. California, 19-CV10956 (C.D. Cal, filed Dec. 30, 2019).

"The complaint argues that [Assemblywoman Lorena Gonzalez, D-San Diego] has demonstrated 'overt hostility' to this on-demand economy, and they bring claims for violations of the U.S. Constitution's Equal Protections Clause for targeting 'app-based workers and platforms,'" the judge wrote.

Meanwhile, American Society focuses on two provisions in AB 5: One limits the number of assignments freelance journalists, photographers, and photojournalists can submit to 35 a year per client and another excludes videos from the still photography limitation. American Society of Journalists and Authors v. Becerra, 19-CV10645 (C.D. Cal., filed Dec. 17, 2019).

Though it also alleges violations to the equal protection clause, American Society's claims focus more on free speech and the First Amendment, Gutierrez wrote.

"The suits focus on different aspects of the law," his ruling stated.

U.S. District Judge Dolly M. Gee will continue presiding over Olson, according to the complaint.

-- Glenn Jeffers