Judge Rejects Request To Ban Uber From Showing Messages Favoring Prop 22

Topline

Uber will be allowed to show drivers in-app messages in favor of California’s Proposition 22 after a lawsuit sought to stop the practice, a judge ruled Wednesday, as the company pushes for votes for the ballot initiative that would let gig companies avoid making their drivers employees in the Golden State.

Key Facts

In a lawsuit last week, two drivers accused Uber of illegally pressuring drivers to support Prop 22 through driver surveys and in-app messages warning of reduced driver capacity if Prop 22 fails.

The complaint sought to ban Uber from sending drivers “false” messages, and instead wanted Uber to inform drivers they have the right to vote against Prop 22 or not at all and would not be retaliated against for doing so.

San Francisco Superior Court Judge Richard Ulmer denied the request because it would infringe on Uber’s free speech rights.

The judge also wrote the lawsuit wasn’t filed in a timely manner and did not point to any drivers who were punished for opposing Prop 22

David Lowe, a lawyer representing the drivers, told Forbes he disagrees with the judge’s decision to put the free speech rights of Uber over the free speech rights of drivers. 

He added that the complaint wasn’t a total loss because Uber in court filings committed to not retaliating against drivers and stopped the practice of polling drivers about their views on Prop 22 the day after the lawsuit was filed.

Key Background

Uber, Lyft, Doordash and Instacart have spent nearly $200 million backing Prop 22, which would provide some benefits to drivers while keeping them independent contractors. Labor activists argue those protections aren’t enough, pointing to multiple analyses showing Prop 22’s proposed minimum wage is significantly less than advertised due to loopholes. It’s unclear what will happen if Prop 22 fails, but Uber has warned it would be forced to limit the number of drivers on the platform, raise prices for customers between 25% and 100%, create mandatory driver shifts and decrease service in suburban and rural areas.

What To Watch For

According to a U.C. Berkeley poll this week, 46% of voters support Prop 22 compared to 42% against, but 12% of voters are still undecided.

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