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.