RUI One Corporation v. City of Berkeley – NFIB Fights to Protect Businesses from Living Wage Ordinance

Author: R Stell Date: July 06, 2006

U.S. Supreme Court

The NFIB Legal Foundation filed an amicus brief with the Supreme Court of the United States in the case of RUI One Corporation v. City of Berkeley, a case involving the issue of whether the City of Berkeley has the right to demand businesses pay a living wage of $9.75. The Legal Foundation has urged the Court to overturn the City of Berkeley's living wage ordinance. The Legal Foundation argued that the ordinance violates the equal protection clause by creating a "class of one." The brief further argued that the City had singled out an individual business for the law, unilaterally changing the bargained-for cost of doing business with the City. The Ninth Circuit upheld the City's living wage ordinance.   


Status: DECIDED. NFIB amicus brief filed Dec. 1, 2004. Review denied by U.S. Supreme Court Jan. 10, 2005.

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