
The Supreme Court Building in Jefferson City is pictured on Wednesday, June 30, 2021.Â
JEFFERSON CITY — Republican-aligned business groups asked the Missouri Supreme Court Wednesday to overturn the results of a voter-approved increase in the state’s minimum wage.
Although no formal decision was made, three members of the high court, including Chief Justice Mary Russell, signaled that the case may be better suited to be decided in a lower-level courtroom before the Supreme Court is asked to weigh in.
Despite winning the backing of more than 57% of voters in the November election, the ballot measure paving the way for a higher wage and a provision offering workers family leave was fatally flawed and should be tossed out, the business groups say.
Supporters of Proposition A, which was pushed by the Ballot Fund, said the high court should let the election results stand.
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“This is an extraordinary request, and it requires an extraordinary showing that contestants do not come close to making,†supporters said in a legal brief.
Starting Jan. 1, the minimum wage in Missouri is set to increase by $1.45. The new minimum hourly rate will be $13.75 with provisions that will allow it to rise to $15 per hour with guaranteed time paid off.
The increase would add an estimated $1,083 each year to the paychecks of qualifying Missouri workers, according to the .
Arguing on behalf of the business groups, attorney Marc Ellinger said the measure violated the constitutional rule that ballot questions be limited to a single subject. They said the proposal made multiple changes to the minimum wage, paid sick leave and paid domestic violence leave.
“There is no one subject in the title,†Ellinger said. “The constitution was not complied with. Voters were misled.â€
The organizations fighting the wage hike include the Missouri Grocers Association, the state’s restaurant association, Associated Industries of Missouri and the Missouri Chamber of Commerce and Industry.
The groups also argued the measure’s fiscal note prepared by Auditor Scott Fitzpatrick was flawed, with some costs not included in the summary given to voters.
In a brief, Fitzpatrick’s attorneys said the groups provided no proof that was the case.
“Contestants offered no expert opinion to attempt to establish that different fiscal impact information might have made an impact on a voter’s decision to support or reject Proposition A,†the auditor’s brief noted.
Attorney Robert Tillman, representing the auditor, said the language was solid and the “hurdles are too high to overcome†for the court to set aside an election.
Not all businesses are opposed to the changes.
A brief filed by five Missouri business owners said the lawsuit wrongly seeks to overturn the will of the strong majority of voters. The businesses contend that raising the minimum wage boosts consumer spending at local businesses and, along with paid sick leave, will reduce costly employee turnover and lead to increased productivity, improved health and safety, and better customer service.
“As a Mom and Pop business, Yellow Dog Bookshop stays competitive by treating employees well and providing a better customer experience,†said Joseph Chevalier, owner of the Columbia used bookstore. “The shop has experienced low turnover over the years, which saves time and money that would otherwise have to be spent on hiring and training new people.â€
Action in the courtroom came a day after the Republican-led Missouri House gave preliminary approval to a plan to gut the initiative by delaying the raise and eliminating the paid leave element.
Democrats blasted the move, saying it represents another example of the Legislature ignoring the will of the voters.
A vote in the full House is expected on Thursday.
Republicans also have renewed discussions on legislation that would make it harder for Missourians to place questions on the ballot, as well as raising the threshold needed to win passage.
The legislation is Hous