Five Lake County politicians have added another battleground in their fight against a state law that would force them to choose their public seat or government job.
An attorney for Hobart City Councilman Matthew Claussen, New Chicago Town Councilwoman Susan Pelfrey, East Chicago City Councilman Juda Parks and Hammond City Council members Michael Opinker and Scott Rakos filed a notice that he plans on appealing a federal judge’s ruling dismissing their lawsuit.
The plaintiffs are fighting a state law passed in 2012 that bars public officials from working for the governments they represent. The law was passed to prevent government officials from voting on their own salaries and benefits, but the plaintiffs argue it violates their right to free speech.
U.S. District Judge Philip Simon dismissed the lawsuit in December, siding with the state. That left two avenues open to the plaintiffs: moving the lawsuit to state court and appealing the decision to the 7th Circuit U.S. Court of Appeals.
The plaintiffs have already moved the lawsuit to Lake County, where Judge George Paras granted them a temporary restraining against the law. It was set to go into full effect on Jan. 1, meaning the plaintiffs would have automatically resigned their jobs if they chose to keep their public office.
The filing of the notice of appeal sets the ground for the case to continue moving through the federal legal system as well. However, no briefs have been filed with the 7th Circuit yet.
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