Santa Fe Living Wage Network

What's New | Your Rights | In the Media | Economics
History | Living Wage Ordinance | Lawsuits | Links
Business for a Living Wage | Contribute, Volunteer &/or Join


 

Lawsuits Challenging the Santa Fe Living Wage

 

 

The Santa Fe Chamber of Commerce and New Mexicans for Free Enterprise are responsible for filing three lawsuits seeking to stop the Santa Fe Living Wage Ordinance. One is in State Court and we have won before District Court Judge Daniel Sanchez, that decision has been upheld by the New Mexico Court of Appeals on appeal, and the Plaintiffs have decided not to appeal the state case to the New Mexico Supreme Court. That law suit is known as New Mexicans for Free Enterprise, et al. vs. The City of Santa Fe, Santa Fe County State District Court No. D-101-2003-00468. The State lawsuit was originally filed in March of 2003.

 

The second is in Federal Court and is known as Coca-Cola Bottling Company of Santa Fe, Inc. vs. The City of Santa Fe, United States District Court for the District of New Mexico Case No. CIV 03-1440 WJ/RHS. The Chamber of Commerce took no action in that case until after Judge Sanchez ruled for the City in the State Case and on June 24, 2004 lifted the injunction stopping the law from going into effect. In the fall of 2004 Coca Cola abandoned the lawsuit and dismissed it with prejudice.

 

The third is also in Federal Court and is known as Heritage Home Health Care, Inc. vs. The City of Santa Fe, United States District Court for the District of New Mexico Case No. CIV 05-1269 JC/DJS. The suit was filed just after the New Mexico Court of Appeals affirmed Judge Sanchez’ ruling for the City in the State Case. It is identical to the Coca-Cola suit and was filed by the same attorney. On February 21, 2006, Heritage Home Health care abandoned the lawsuit and dismissed it.

 

The Plaintiffs in the State Case [and in brackets the names of their business where known and not obvious] are:

 

1.                 New Mexicans For Free Enterprise

2.                 The Santa Fe Chamber of Commerce

3.                 Pranzo’s

4.                 Zuma Corporation [the Zia Diner]

5.                 Robbie Day [Santa Fe Bar & Grill and San Francisco Street Bar & Grill]

6.                 The Hilton of Santa Fe

 

Those Plaintiffs who have withdrawn from the lawsuit are:

 

1.     Maurice Zeck (in September, 2003)

2.     Peppers Food & Beverage Co., Inc. (in September, 2003)

3.     Joseph Hoback [the Pink Adobe] (in October. 2003)

4.     Mark Kiffin [the Compound] (in January, 2004)

5.     Mark C. Miller [the Coyote Café] (in January, 2004)

 

The Plaintiff in the first Federal case was only the Coca-Cola Bottling Company of Santa Fe. The Plaintiff in the second Federal Case is only Heritage Home Health Care, Inc.

 

If you patronize any of these businesses, we encourage you to speak with the owner or manager and let them know that you support a living wage for their workers and are disappointed that they are opposing the Living Wage.

 

If you need to download and install a free copy of Acrobat Reader® to read any of the pleadings that are in PDF format (shown by a .pdf following the title) below, Click Here.

 

 

State Court Pleadings

 

November 29, 2005 Court of Appeals Decison.pdf

Plaintiffs' April 4, 2005 Reply Brief.pdf

City of Albuquerque, Municipal League and Law Professors March 10, 2005 Amicus Brief.pdf

Religious, Community, Labor March 9, 2005 Amicus Brief.pdf

City's March 9, 2005 Answer Brief.pdf

Albuquerque Chamber of Commerce Amicus of Jan 24, 2005.pdf

Plaintiffs Brief in Chief on appeal of Jan. 24, 2005

August 26, 2004 Stay denial and Calendar Assignment

Judge Sanchez' June 24, 2004 Decision.pdf

Judge Sanchez' June 24,2004 Findings & Conclusions.pdf

City's Dec. 16, 2003 Response to Preliminary Injunction Motion

Plaintiffs' Nov. 12, 2003 Motion for Preliminary Injunction.pdf

City's Nov. 4, 2003 Reply to Plaintiffs' Response to Summary Judgment

City's Motion for Sanctions of Oct. 10, 2003

Plaintiffs' Sept. 19, 2003 Response to Summary Judgment Motion

Amicus Brief of August 25, 2003

City's Summary Judgment Motion of July 8, 2003

Answer of the City of Santa Fe

Complaint of the Plaintiffs

 

 

First Federal Court Pleadings

 

Coca-Cola's Response to City's Motion to Dismiss.pdf

City's July 16, 2004 Motion to Dismiss or, in the Alternative, to Stay

 

 

Second Federal Court Pleadings

 

                   December 2, 2005 Complaint.pdf

 

 


info@santafelivingwage.org
505-983-9563