Legislative Health and Human Services Committee to Hold Hearing on Medicaid Cuts Today

ALBUQUERQUE, NM—The New Mexico Legislative Health and Human Services (LHHS) Committee will hold a hearing today, starting at 12:30 p.m., on the serious cuts the Medicaid program faces in the Human Services Department’s (HSD) Centennial Care 2.0 waiver proposal. The hearing will take place at the Science and Technology Center Rotunda at UNM, 801 University Blvd. SE in Albuquerque, NM.

The proposal eliminates certain coverage and health benefits for low-income patients and imposes new patient fees in the form of co-pays and premiums to children enrolled in the Children’s Health Insurance Program (CHIP), the working disabled, and low-income adults living just above the poverty line.

“Medicaid has worked well for New Mexico. The state should focus on ensuring our families can get the care they need to stay healthy, not cut coverage for the people who can least afford it,” said Abuko D. Estrada, an attorney with the New Mexico Center on Law and Poverty. “At a time when our economy is struggling, these cuts will drive families into further financial hardships and throw away federal funding that helps sustain thousands of jobs.”

Currently for every state dollar New Mexico invests in Medicaid, the state receives four dollars back from the federal government. The Centennial Care 2.0 waiver proposal cuts will result in the loss of federal money for Medicaid that supports over 50,000 jobs and helps drive the New Mexico economy.

Centennial Care 2.0’s most harmful cuts to Medicaid include:

  • Charging low-income patients with new fees in the form of co-pays and premiums for children in CHIP, the working disabled, and low-income adults living just above the poverty line, which could result in thousands of people losing coverage altogether (as studies have shown);
  • Eliminating retroactive coverage protection that pays for Medicaid applicants’ past medical bills, from three months prior to applying for Medicaid, putting New Mexico’s families in severe medical debt and leaving healthcare providers with uncompensated care costs;
  • Ending a transitional Medicaid program that will result in coverage loss for families that have been living in deep poverty, creating financial hardships and interrupting health coverage when they enter new jobs or accept raises that place them just above the eligibility threshold for Medicaid; and
  • Reducing important health benefits for very low-income adults with dependent children, eliminating Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) protections for children who are 19 and 20 year olds, and opening the door for the HSD secretary to make drastic cuts to more benefits in the future.

WHAT:
LHHS Committee Hearing on the Centennial Care 2.0 Waiver Proposal

WHO/WHEN:       
12:30 p.m.
Presentations about Concerns about Medicaid Cuts
Abuko D. Estrada, Attorney, New Mexico Center on Law and Poverty
David Machledt, Ph.D., Senior Policy Analyst, National Health Law Program

2:30 p.m.
Presentation on Medicaid Waiver
HSD Secretary Brent Earnest

4:30 p.m.
Public Comment

WHERE:   
Science and Technology Center Rotunda at UNM
801 University Blvd SE
Albuquerque, NM

Today’s hearing will be the only opportunity for providing comments in Albuquerque. Other public meetings will take place in Santa Fe, Las Cruces, and Las Vegas.

 

Court Rejects Challenge to Earned Sick Leave Law

Ruling Ensures Healthy Workforce Ordinance Will Appear on October 3 Municipal Ballot

 

ALBUQUERQUE, NM — Today, in a victory for Albuquerque’s working families, Honorable Judge Shannon Bacon threw out a challenge by business lobbyists to the Albuquerque Healthy Workforce Ordinance. Today’s ruling ensures that voters will have an opportunity to vote on earned sick days this fall at the October 3, 2017 municipal election.“Low wage and immigrant workers play a critical role in Albuquerque’s economy, yet they are disproportionately impacted by attacks on minimum wage and efforts to undermine the proposed paid sick leave ordinance. This victory sends a clear message to corporate interests that prioritize profit over the well-being of our families that our communities will not stand by idly as they attack and chip away at workers’ rights.” Marco Nunez, Worker Justice Coordinator, EL CENTRO de Igualdad y Derechos.

Judge Bacon also upheld voters’ right to vote on citizen-initiated ballot initiatives, rejecting the business interests’ attempt to strike the voters’ democratic rights from the Albuquerque City Charter.

“Albuquerque residents’ right to directly participate in the lawmaking process is a cornerstone of our local democracy,” said Tim Davis, an attorney with the New Mexico Center in Law and Poverty, who argued the case for the community organizations. “Today’s ruling protects this right from attacks by well-connected business interests.”

The ruling arose out of a lawsuit filed against the city by business lobbyists who wanted to remove the earned sick ordinance from the October 2017 ballot. They also sought to cut the minimum wage, which was overwhelmingly passed by voters in 2012, from $8.80 to $7.50. Community organizations and voters who support both laws intervened in the case to defend them.

The judge also tossed out the challenge to the Albuquerque minimum wage in an oral ruling from the bench yesterday, ruling that the results of the 2012 general election are final and cannot be challenged now. She issued a written opinion today reaffirming her oral ruling. Together with her ruling on the Healthy Workforce Ordinance, today’s rulings dismiss all claims in the lawsuit on both ordinances.

The earned sick leave ballot initiative, if passed, would give workers the right to earn sick leave to recover from illness or care for ill family members. Local community organizations have been working to educate the public on the earned sick leave initiative since last summer, when over 24,000 voters in Albuquerque signed the petition in support of it.

The Healthy Workforce ABQ Ordinance can be read online here: https://healthyworkforceabq.org/full-language-of-ordinance/

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Court Upholds Albuquerque Minimum Wage Law

ALBUQUERQUE, NM — Honorable Judge Shannon Bacon threw out a challenge to the Albuquerque Minimum Wage Ordinance today, ruling that the results of the 2012 general election are final and cannot be challenged now.

“It’s astonishing and disheartening that business groups were trying to cut hard working New Mexicans’ wages by nearly $3,000 a year,” said Trae Buffin who is a member of OLÉ. “I’m overjoyed that the court agreed with the people and that the minimum wage is safe in Albuquerque.”

The ruling arose out of a lawsuit filed against the city by business lobbyists attempting to end minimum wage, which was overwhelmingly passed by voters in 2012, and to remove the earned sick days ordinance from the October 2017 ballot. Community organizations and voters who support the law intervened in the case to defend the ordinance.

The earned sick leave ballot initiative, if passed, would give workers the right to earn sick leave to recover from illness or care for ill family members. Local community organizations have been working to educate the public on the earned sick leave initiative since last summer, when over 24,000 voters in Albuquerque signed the petition in support of it.

Judge Bacon has not yet ruled on the earned sick days initiative, but indicated at the hearing that she would do so soon.

The Healthy Workforce ABQ Ordinance can be read online here: https://healthyworkforceabq.org/full-language-of-ordinance/

 

 

Landmark Education Trial Against State of New Mexico Ends

Families & School Districts Assert that Students’ Constitutional Rights are being Violated

SANTA FE, NM – Today marks the last day of testimony in an eight-week trial against the state of New Mexico, in a case that alleges the State has violated the constitutional rights of its public school students.

The consolidated lawsuit, which was filed by the New Mexico Center on Law and Poverty (the Center) and MALDEF (Mexican American Legal Defense and Educational Fund), claims that the State’s arbitrary and inadequate funding of public schools, and lack of necessary monitoring and oversight, deprives children—particularly low-income, Native American, and English language learner students—of a sufficient education, in violation of the New Mexico Constitution.

“It was very clear from the defense that the State is in denial about the educational crisis that New Mexico students face,” said Marisa Bono, MALDEF Southwest Regional Counsel. “We look forward to a ruling from the Court that will force the State to stop fiddling while Rome burns, and start providing equal educational opportunities to all students.”

Through the course of the trial, a number of respected national and state experts provided testimony about how New Mexico’s public school system is in crisis. They provided data about the State’s dismal education outcomes, most notably that three out of four students cannot read or write at grade level and two-thirds cannot do math at grade level, that graduation rates are among the lowest in the nation, and a majority of New Mexico graduates are not college and career ready.

“We heard from superintendents from across the state who testified that the lack of resources and quality programs available to schools is harming their students,” said Preston Sanchez, attorney at the Center. “They can’t afford the types of programs they know work, can’t purchase up to date materials and textbooks, can’t provide sufficient afterschool programs, teacher training and even buses.”

Educators and school leaders from across the State discussed the distinct needs of New Mexico’s large population of English language learners and the importance of expanded access to quality bilingual/multicultural education programs and properly trained teachers. PED’s own expert admitted that the State does not provide oversight or monitoring for thousands of English language learners in the State.

Witness testimony addressed the ways in which historical and current injustices have led to disparate outcomes for Native students and English language learner students. Expert witnesses reiterated the need for culturally and linguistically relevant programming as an evidence-based means to improve student performance.

Furthermore, testimony was offered about what steps should be taken to fundamentally improve academic outcomes and close the achievement gap. It was virtually undisputed that high quality preschool and extended learning opportunities like the K-3 Plus Program, which adds 25 more days to the school year for elementary school students, are necessary to ensure that that low income and ELL students start school ready, yet a majority of eligible children in the State do not have access to such programs. Others spoke to the importance of wraparound services in a high poverty state like New Mexico, such as access to social workers and counselors, tutors, and on campus healthcare services that are necessary to mitigate the impact of poverty on learning

Defense witnesses testified under cross examination that the state has made policy choices over the past decade that have benefited higher income New Mexicans and corporations and resulted in a loss of hundreds of millions of dollars in state revenue every year. Defense experts also acknowledged that students who attend high-poverty schools have less access to effective teachers, but the State has failed to provide adequate resources to provide the mentoring and training that teachers need to improve, and the proper compensation for effective teacher recruitment and retention strategies.

The Center’s lawsuit, Yazzie v. State of New Mexico, was filed in March 2014 on behalf of a group of families and school districts including Gallup-McKinley, Rio Rancho, Santa Fe, Cuba, Moriarty/Edgewood, and Lake Arthur. The families represented have children who are English language learners (ELL), Native American or economically disadvantaged and have been negatively impacted by the lack of resources provided to New Mexico public schools. (Click here for information on the case and plaintiff profiles).

The Martinez lawsuit was brought on behalf of parents and public school children from Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces and Gadsden. It was filed in April 2014 by MALDEF following extensive discussions with community groups, local leaders, and parents in New Mexico concerning chronic achievement gaps on standardized tests and other systemic failures. State attorneys sought to dismiss the lawsuit, but the court denied the request and ruled for the first time in New Mexico’s history that education is a fundamental right. (Click here for a fact sheet on the case and a timeline of significant dates.)

The trial for the consolidated lawsuit began on June 12, 2017. It calls for the court to declare the current system of public education constitutionally insufficient, and order the state to provide the programming and resources necessary for all public school students to succeed, as well as ensure that funds are distributed equitably, including for economically disadvantaged and ELL students.

The Center’s legal counsel on the case include Gail Evans, Preston Sanchez, Lauren Winkler, and Christopher Sanchez of the Center along with co-counsel Daniel Yohalem and Mark D. Fine. MALDEF’s lead counsel is Marisa Bono, Southwest regional counsel, and legal counsel include staff attorneys Ernest Herrera and Jack Salmon; E. Martin Estrada, Nick Sidney and Jessica Baril with Munger, Tolles & Olson; Alejandra Avila of Fried, Frank, Harris, Shriver & Jacobson, and David Garcia.

State District Court Judge Sarah Singleton has requested that parties submit post-trial briefing and is expected to make a ruling on the case this fall or winter.

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The mission of the New Mexico Center on Law and Poverty is to advance economic and social justice through education, advocacy, and litigation. The Center works with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty. Underlying its mission is a vision of New Mexico without poverty, where all peoples’ basic human rights are met. For more information on the Yazzie lawsuit, including plaintiff profiles, please visit: http://nmpovertylaw.org/our-work/education-2/. For media inquiries, please contact Maria Archuleta at (505) 255-2840 or MariaA@nmpovertylaw.org.

Founded in 1968, MALDEF is the nation’s leading Latino legal civil rights organization. Often described as the “Latino Legal Voice for Civil Rights in America,” MALDEF promotes social change through advocacy, communications, community education and litigation in the areas of education, employment, immigrant rights and political access. For more information, on MALDEF, please visit: www.maldef.org. For media inquiries, please contact Tony Marcano at (213) 629-2512 ext. 128 or amarcano@maldef.org

Healthy Workforce ABQ Asks for Emergency Court Order to Prevent City from Using Illegal Ballot

Advocates Say Voters Deserve Fair Election on Earned Sick Days Question

ALBUQUERQUE, NM — Late Thursday, advocates for the passage of an earned sick leave law in the City of Albuquerque filed an emergency motion in Second Judicial District Court to prevent the City Clerk from using an illegal ballot for the October 3 election.

The Albuquerque City Council decided in a July 10 meeting to print the full text of the Healthy Workforce Ordinance (HWO) on the official ballot without a summary, and the City Clerk intends to print it in 7-point font. Healthy Workforce ABQ, OLÉ, and Albuquerque residents ask the court to ensure Albuquerque voters have a fair election by ordering the use of a ballot that they can read and understand.

“The city is attempting to block Albuquerque voters’ right to enact direct legislation,” said Elizabeth Wagoner, an attorney on the case from the New Mexico Center on Law and Poverty. “The city government insists on a ballot that is misleading and confusing. We are asking the court to protect the integrity of the 2017 election.”

The emergency motion argues that because the full text of the Healthy Workforce Ordinance will only fit on the ballot in an illegible and illegally-small font size — approximately 7-point font — the City Clerk should place a legible summary on the ballot and provide a legible, large-text copy of the full ordinance in each voting booth so that voters can read both documents. The city uses the same practice for bond questions.

According to federal voting systems guidelines adopted in Section 1-9-14 of the New Mexico Election Code, election ballots must be printed at a minimum of 8.5-point font or larger to ensure that voters with poor vision can read their ballots.

In their July meeting, the City Council also voted to include an advisory question on the ballot that uses partisan language to advocate against the HWO. The emergency motion argues that this is illegal because the City Charter and the New Mexico Constitution do not permit the Council to use a deceptive workaround to defeat a ballot initiative they do not like. The advocates are also asking the court to order that ballot question to be removed.

The emergency motion can be found here.

HSD to Hold Public Hearing Tomorrow on Proposal to Increase Medicaid Co-Pays

Tomorrow at 9 a.m., New Mexico Human Services Department (HSD) will hold a public hearing to gather comment on its proposal to increase co-pays for Medicaid patients. This proposal faced opposition from HSD’s own stakeholder group when proposed last year and still faces widespread opposition.

Over 20 groups and individuals have signed on with the New Mexico Center on Law and Poverty in comments submitted to HSD opposing the proposal, including the New Mexico Medical Society, New Mexico Academy of Family Physicians, New Mexico Pediatric Society, New Mexico Coalition to End Homelessness, and Parents Reaching Out among others. These groups assert that a wide body of research has shown that such fees decrease access to necessary medical care, shift costs to providers, and will have negative consequences for our healthcare system and state economy.

The aforementioned comments on the proposal can be found here.

What:   Public Comment Hearing

Who:     HSD

When:  Friday, July 14, 2017 at 9 a.m. MST

Where: Rio Grande Conference Room, Toney Anaya Building, 2550 Cerrillos Road, Santa Fe, NM 87505

City Ordered to Make Public Mock-Up of Illegible Ballot

Employees Say Families Need Fair Election on Earned Sick Days Question

ALBUQUERQUE, NM — On Wednesday afternoon, Judge Alan Malott ordered the City of Albuquerque to hand over the mock 2017 municipal ballot to members of the Healthy Workforce ABQ campaign, which advocates for the passage of an ordinance that would allow all Albuquerque workers to earn sick leave. The judge also ordered the Albuquerque City Clerk to testify at a deposition about how the City will fit all required issues, contests, and questions on the 2017 ballot.

In its lawsuit against the City of Albuquerque, the campaign argues that because the full text of the Healthy Workforce Ordinance will only fit on the ballot in an illegible and illegally-small font size — approximately 6-point font — the City Clerk should place a legible summary on the ballot and provide a legible, large-text copy of the full ordinance in each voting booth so that voters can read both documents.The City’s uses the same practice for bond questions.

“I’m legally blind and have to cast my ballot in a special voting machine that has long lines. Small font on the ballot will mean more people will have to make use of the limited machines that help visually-impaired people read their ballots,” said Jerry C De Baca, veteran and voter.

According to federal voting systems guidelines adopted in Section 1-9-14 of the New Mexico Election Code, election ballots must be printed at a minimum of 8.5 point font or larger to ensure that voters with poor vision can read their ballots. In their demand for a copy of the City’s mock-up ballot, Healthy Workforce argued that it will show that the earned sick days ordinance can only fit on the ballot in in a font size well below 8.5, in violation of law.

“Everyone deserves a fair election. Voters will be frustrated and discouraged from voting because the election ballot will be printed too small for voters to read,” said Diane Goldfarb of the League of Women Voters.

“A lot of voters will see that small font and skip right over it,” said Becca Arana, a member of OLÉ. “A ballot printed too small to read can determine whether hard-working moms and dads get a fair election, or not, on allowing employees to earn sick days.”

Albuquerque City Clerk, Natalie Howard, was also ordered to testify in a deposition about whether she can fit the Healthy Workforce Ordinance on the ballot in legible type alongside all the other issues that voters will decide in 2017, including the mayoral race, city council races, and bond questions.

Judge Malott did not rule on the font size question or issue any final rulings today. The plaintiffs plan to seek a final ruling soon after the City produces all of the information the Court ordered it to produce today, to ensure the people of ABQ will have a chance to vote a ballot they can read in October.

 

 

Public Hearings on Human Services Department’s Medicaid Plan Ongoing  

ALBUQUERQUE, NM — Public hearings start this week on the Human Services Department’s (HSD) recently released plan for the future of Medicaid in New Mexico – Centennial Care 2.0.

More information about Centennial Care 2.0 can be found on the HSD website here.

The Center on Law and Poverty has released a packet of information detailing alarming changes from the plan that will be harmful and costly to our families and the State that can be found here. Stakeholders are expected to be present to provide public comment at the hearings.

HSD Public Hearings

  • June 14th – Albuquerque – 3:30-5pm – CNM Workforce Training Center (5600 Eagle Rock Ave. NE, Albuquerque, NM 87113)
  • June 19th – Silver City – 4:00 – 6:00 pm – WNMU – GRC Auditorium (1000 W. College Ave., Silver City, NM 88061)
  • June 21st – Farmington – 4:30 – 6:30 pm – Bonnie Dallas Senior Center (109 E. La Plata St., Farmington, NM 87401)
  • June 26th – Roswell – 4:30 – 6:30 pm – Roswell Public Library (301 N. Pennsylvania Ave., Roswell, NM 88201)

Tribal Consultation Hearing

  • June 23rd – Albuquerque – 9:00am – noon – Indian Pueblo Cultural Center (2401 12th Street NW, Albuquerque, NM 87104)

Families & School Districts Seek Court Action Against State of New Mexico

Landmark Education Suit Claims Students’ Constitutional Rights Are Being Violated

SANTA FE, NM—A state-court trial will start Monday in a landmark education lawsuit that alleges New Mexico is violating the state constitutional rights of students placed at risk.

The trial will focus on legal claims filed by the New Mexico Center on Law and Poverty (the Center) and MALDEF (Mexican American Legal Defense and Educational Fund) challenging the state’s failure to provide economically disadvantaged students, English-language learners (ELL), Native Americans, and students with disabilities with a “sufficient” education, as guaranteed by New Mexico’s constitution.

“The children of New Mexico are intelligent and capable, and have just as much potential as other students across the country. Unfortunately, the State has done little to invest in our children’s future,” said Preston Sanchez, an attorney at the New Mexico Center on Law and Poverty. “It’s time that the State be held accountable to its constitutional duty to meet the educational needs of our students so that they may achieve not only academic success but success in other areas of their lives. Our kids’ and our state’s future are at stake.”

While the state’s constitution mandates a “sufficient” and “uniform” education for all students in New Mexico, a majority of public school students are unable to read, write, or do math at grade level. The consolidated lawsuit calls for the court to order the State to provide the programming and resources necessary for all public school students to succeed, as well as ensure that funds are distributed equitably, including for economically disadvantaged and ELL students.

“For far too long, New Mexico has left its most vulnerable students behind, disregarding its constitutional duty to fully support their education for all students,” said Marisa Bono,

MALDEF Southwest regional counsel. “Every New Mexico child should have the opportunity to graduate ready to pursue their dreams and meet their full potential—this lawsuit will ensure that opportunity.”

The Center’s lawsuit, Yazzie v. State of New Mexico, was filed in March 2014 on behalf of a group of families and school districts including Gallup, Rio Rancho, Santa Fe, Cuba, Moriarty/Edgewood, and Lake Arthur. The families represented have children who are ELL, Native American or economically disadvantaged and have been negatively impacted by the lack of resources provided to New Mexico public schools.

“All I want is for my child to receive the best education possible, but my son and other Navajo students aren’t given the educational resources they need,” said Wilhelmina Yazzie, the named plaintiff in the Yazzie lawsuit whose son attends middle school in Gallup. “My son is a smart and dedicated student, but I worry that he’s not getting the academic support relevant to his native culture and language that will prepare him for college and help him succeed.”

MALDEF’s lawsuit, Martinez v. State of New Mexico, was filed in April 2014 on behalf of parents and public schools in Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces and Gadsden. The suit alleges that the state’s inadequate funding for ELL and economically disadvantaged students, the lack of quality pre-K programs and other problems violate state constitution. State attorneys sought to dismiss the lawsuit, but the court denied the request and ruled for the first time in New Mexico’s history that education is a fundamental right.

“I simply want my children to have an equal opportunity to get a good education,” said

Roberto Sanchez, a plaintiff in the Martinez case whose children attend school in Santa Fe. “I see that my three children don’t have access to what they need to get ahead. Sometimes they have substitutes for a long time. We are simply asking that our children have a chance to get the education they need.”

The Center’s legal counsel on the case include Gail Evans, Preston Sanchez, Christopher Sanchez, and Lauren Winkler of the Center along with co-counsel Daniel Yohalem and Mark D. Fine. MALDEF’s lead counsel is Marisa Bono, Southwest regional counsel, and legal counsel include staff attorneys Ernest Herrera and Jack Salmon; E. Martin Estrada, Nick Sidney and Jessica Baril with Munger, Tolles & Olson; and David Garcia. The trial is expected to last nine weeks.

For more information on the Yazzie lawsuit, including plaintiff profiles, please visit: http://nmpovertylaw.org/our-work/education-2/.

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 The mission of the New Mexico Center on Law and Poverty is to advance economic and social justice through education, advocacy, and litigation. The Center works with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty. Underlying its mission is a vision of New Mexico without poverty, where all peoples’ basic human rights are met. For media inquiries, please contact Maria Archuleta at (505) 255-2840 or Maria.A@nmpovertylaw.org.

 Founded in 1968, MALDEF is the nation’s leading Latino legal civil rights organization. Often described as the “Latino Legal Voice for Civil Rights in America,” MALDEF promotes social change through advocacy, communications, community education and litigation in the areas of education, employment, immigrant rights and political access. For more information on MALDEF, please visit: www.maldef.org. For media inquiries, please contact Sandra Hernandez at (213) 629-2512 ext. 129 or shernandez@maldef.org

Judge Rejects Challenge to Albuquerque Minimum Wage Ordinance

District Court Rules against Kelly’s Brewpub in Wage Theft Case

ALBUQUERQUE— On May 30, 2017, Second Judicial District Court Judge Alan Malott rejected a legal challenge to Albuquerque’s Minimum Wage Ordinance, denying a motion to dismiss a minimum wage case, Atyani et al. v. Bonfantine et al., No. D-202-CV-2016-2775, filed by employees of Kelly’s Brewpub against the former owners of the restaurant, Dennis and Janice Bonfantine.

The Bonfantines’ former employees have alleged that Kelly’s illegally required workers to kick back three dollars per hour from their tips after the tipped minimum wage officially increased in Albuquerque from $2.13 per hour to approximately $5.16 per hour. To defend against these claims, the Bonfantines argued that the Albuquerque minimum wage was invalid because it was increased through a voter initiative that put a summary of the wage increase on the 2012 ballot rather than the entire ordinance. Judge Malott rejected this argument, ruling that any challenge to how the 2012 election was conducted should have been made right after the election.

“Thousands of hard-working families can breathe easier now, knowing that the minimum wage in Albuquerque isn’t going to be slashed,” said Bianca Garcia, a plaintiff in the case. “The Bonfantines should be ashamed of themselves, not only for their violations of the minimum wage ordinance, but also for trying to eliminate the Albuquerque minimum wage altogether just to avoid paying back the money they took from us. We thank the court for seeing through this bogus defense.”

Judge Malott also rejected the Bonfantines’ argument that the Albuquerque minimum wage ordinance was invalid because it “logrolled” multiple issues into one question presented to voters. Malott ruled that “logrolling” is not an issue in municipal ballot measures.

“For years, the former owners of Kelly’s took hard-earned money out of their employees’ pockets, violating Albuquerque’s minimum wage ordinance that was overwhelmingly passed by city voters in 2012,” said Elizabeth Wagoner an attorney on the case from the New Mexico Center on Law and Poverty (the Center). “We’re looking forward to moving forward in this case. The Bonfantines’ employees deserve to collect every dollar they worked for and are owed.”

A similar case, Association of Commerce and Industry et al. v. City of Albuquerque et al., No. D-202-CV-2017-02314, filed in April by a group of business organizations, also asks the courts to invalidate the Albuquerque Minimum Wage Ordinance. That case, which is currently pending before Second Judicial District Court Judge Shannon Bacon, raises many of the same arguments that Judge Malott rejected in the May 30 Atyani v. Bonfantine decision.

Atyani v. Bonfantine is set to go to trial in summer 2018. Attorneys on the case are Wagoner and Tim Davis of the Center, and Shane Youtz and James Montalbano of Youtz & Valdez, P.C.

A copy of Judge Malott’s order can be found here.

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