In more recent cases, labor judges have sidestepped the question of whether inflatable rats violate the National Labor Relations Act's ban on union behavior that could intimidate neutral companies from doing business with the target of a union campaign. Litigation continues.
 Inflatable Images founders David (left) and Robert Scherba
Several companies have asked judges to ban the rats as a coercive (hence illegal) form of protest. The Sixth U.S. Circuit Court of Appeals in Cincinnati sided with the unions in 2005, ruling that the rats were a form of protected free speech.
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