On November 17, a Federal District Court in Ohio ruled against Laborers Local 534 in a case involving an inflatable rat.  Local 534 has been involved in a labor dispute with a contractor doing renovation work on the Marcum Center on the Miami University campus in Oxford, Ohio.   During student move in days in August, Local 534 planned to picket the contractor and distribute handbills on the sidewalks parallel to Patterson Avenue where the Marcum Center is located.  On August 18, Local 534 inflated a large balloon rat.  Campus police asked that the rat be deflated and the Union complied.  On August 19, Local 534 again attempted to inflate the giant rat balloon which requires a portable generator and is attached to the ground with ropes and stakes.  At this time, University police stopped the Union from inflating the rat and threatened to destroy the rat balloon if the Union persisted.  Local 534 was not prevented from picketing or passing out handbills.  Local 534 sued the University President and Police Chief arguing that they had infringed on the Union’s First Amendment right by preventing display of the rat balloon.  The Federal Court ruled against the Union because Patterson Avenue was located in the middle of the University campus, not adjacent to any city streets and was located solely on the University property.  As a consequence, the court concluded that Patterson Avenue was a “limited public forum” which the University might regulate.  The University argued that the rat balloon would cause substantial harm to others because it would increase the risk of injury to students, faculty and staff using the sidewalks and street.  The court noted that the Union presented “little evidence” to counter this argument.  Since the decision of the court in this case is very dependent upon specific facts, it may not be helpful in every situation where a union attempts to use an inflatable rat balloon.  However, the decision in this case does note that there are limits on the use by any union of such a rat balloon.                          By Bill Harding, Chapter Attorney