Union says Port Authority mask message policy violates Free Speech

A union for transportation workers has accused Port Authority of Allegheny County of violating the Free Speech rights of its employees, after the entity updated its dress code policy to prohibit masks that contain a political or social protest message.

The Amalgamated Transit Union (ATU) Local 85 sent a letter to Port Authority on Thursday calling the amendment unconstitutional. The union represents more than 2,300 Port Authority workers.

The ATU began investigating the policy last week. The letter was sent after two operators were “disciplined” on Wednesday for wearing Black Lives Matter face masks, officials said.

“It is clear Port Authority is picking and choosing what message and what content it permits to be disseminated,” ATU Local 88 President Steve Palonis said in a statement.

The letter demands that the Port Authority rescind the amendment and immediately reinstates the two individuals who were sent home.

In a statement, Port Authority defended its policy, claiming it actually protects employees and riders from offensive messages by blocking all messages in general.

“As an agency, we proudly stand against systemic racism and want equality for all in our community,” the statement reads. “It is our uniform policy that prohibits social and political statements of all kinds, and has for decades. While it may restrict wearing messaging many agree with, it also protects our employees and our patrons from messaging many may not agree with.”

A Port Authority spokesman said last week that the policy has been in existence for decades — the update in late July was simply to extend the existing dress code to include masks, following Gov. Tom Wolf’s universal mask mandate.

In the letter, Palonis calls the restriction “overly broad and void for vagueness.” He points out that Port Authority has endorsed some social movements in the past, including Gay Pride Month, Pittsburgh’s Stronger than Hate and African American Heritage Day.

“The Black Lives Matter message currently being circulated is indistinguishable from the prior messages Port Authority has permitted employees to express,” Palonis wrote.

Palonis could not be reached for comment.