Voters should decide hike in minimum wage to $12 an hour, court rules

Kathleen Gray | Detroit Free Press

The Michigan Court of Appeals ruled 2-1 Wednesday that a proposal to raise the state’s minimum wage to $12 an hour should go on the Nov. 6 statewide ballot.

Appeals Judges Stephen Borrello and Jane Beckering rejected a challenge to the ballot proposal from Michigan Opportunity, an organization backed by the Michigan Restaurant Association.

“The Court orders the Michigan Secretary of State, the Board of State Canvassers and the Director of Elections to take all necessary measures to place the proposal on the November 2018 general election ballot," the ruling said.

Michigan One Fair Wage, which gathered the petition signatures to get the wage hike on the ballot, wants to gradually raise the minimum wage to $12 an hour by 2022 and raise the wages for employees who receive tips, like wait staff and bartenders, to the same level by 2024.

The state's minimum wage is now $9.25 per hour and the wage for tipped workers is $3.52 per hour, which assumes that servers and bartenders are making at least $5.73 per hour in tips

“We’re very pleased with the court’s decision. The voters of Michigan will now get the opportunity to vote on a minimum wage increase and that’s long overdue,” said Mark Brewer, the attorney representing One Fair Wage. “We would hope that the other side doesn’t appeal and continue to try and disenfranchise voters.”

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Justin Winslow, a spokesman for Michigan Opportunity, said he was disappointed by the ruling.

“While we respect the diligence taken by the Court of Appeals panel, we still firmly believe that the Michigan One Fair Wage petition is misleading and lacks the transparency required by the Michigan constitution, rendering it ineligible for the ballot,” he said. “We will consult with our attorneys on next steps, including a potential appeal to the Michigan Supreme Court.”

The state Board of Canvassers deadlocked 2-2 on certifying the petition last month, leading to the appeal.

Appeals Judge Michael Riordan dissented on the opinion, saying that the petition signatures from some people who marked both township and city as their residence should not have been certified and that the proposal warranted further review.

It’s now up to the Board of Canvassers to certify the petition so it can be placed on the November ballot.

Other proposals that will be on the ballot in November include: legalization of marijuana for recreational use; an anti-gerrymandering proposal that changes the way legislative district lines are drawn for state and federal elective offices; requiring employers to provide paid sick leave for employees. Another "Promote the Vote" proposal, that would allow for no- reason absentee voting and same-day registration for voters who want to register on election day, still needs to go before the Board of Canvassers.

Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal.