Loar vs. DHS has been dismissed by Court of Appeals
PETOSKEY, MI -- New developments the lawsuit filed by a Petoskey day care provider against the State's Department of Human Services.
Sherry Loar-Trudell says she's represented thousands of home-based day care providers who were forced into unions.
She's hoping the state's highest court hears her plea.
This is a case that dates back to September of 2008, when the state announced union dues would be collected from day cares that have low-income kids.
"I just received a $35 check a couple days ago, and 43 cents were taken out," said Loar-Trudell.
Sherry Loar-Trudell says enough is enough. She's the owner of Baby Steps, a home-based day care. Loar-Trudell has been on the front-line in a battle against the state since it automatically enrolled her in a union against her will. The union takes money out of her pay for taking care of children from low-income families.
“This is my home, I open the door and share it with people, I didn't open it and share it with all these different union and Government entities," said Loar-Trudell.
40,000 home-based day care business owners have been affected and more than four million in dues have been collected. Loar-Trudell says it's not right, so she filed a lawsuit in September of 2009 with the help of the Mackinac Center Legal Foundation.
“It's a very well-known case, and I think a lot of people, like Sherry herself, are just concerned about the process. Looks very sketchy," said Mackinac Center Legal Foundation Director Patrick Wright.
The case has jumped all over the legal system. It has been to the Court of Appeals, where they dismissed it. Then it went to the Supreme Court, which in turn remanded it back to the Court of Appeals. And most recently, the Court of Appeals dismissed it once again with very little explanation. Loar-Trudell and the Mackinac Center want answers, so they've continued the fight and submitted an appeal to the Michigan Supreme Court, asking them to help get the answer of why day-cares have been unionized.
"If you believe in something strong enough, continue to follow through with it, because you can make a difference," said Loar-Trudell.
Sherry received her first notice that she was in a union more than two years ago, back in December, of 2008. Now, it's going back to the Supreme Court for the second time, and she's hoping this time, she gets answers.
