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DC Council overrules constituents, votes to reinstall tipped wage system

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The District of Columbia’s city council took the first step Tuesday to overturn Initiative 77, a measure passed by a 55 percent to 45 percent majority by the Washington voters. If its efforts succeed, as expected, the council will undo the minimum wage protections for tipped workers.

A 2016 living wage law, enacted by the city council, established a series of gradual steps up to a $15 minimum wage for workers — but included a lower $5-an-hour minimum for service workers, so long as their tips brought that total to no less than $15 per hour. Restaurant-workers-rights groups launched a voter initiative to phase out that exemption and, on June 19, 2018, more than 55 percent of those voting on primary day backed the effort. The restaurant industry — and the city council members they have bankrolled — immediately launched an effort to overturn the voters’ will by city council legislation.

On Tuesday afternoon, the city council rejected a proposed compromise and endorsed a full repeal, on an 8 to 5 vote. Mayor Muriel Bowser (D) has said she will sign the legislation, authored by Council Chair Phil Mendelson (D). Six council Democrats and one independent voted yes on the initial vote; four Democrats and one independent voted no.  District voters have not elected a Republican to the council since 2004.

The council reaffirmed this on an 8 to 5 vote later in the afternoon.  Final final passage is expected later in the October.

Bowser’s official website highlights the District of Columbia’s demand for statehood — it currently has limited “home rule” but the U.S. Congress can overrule any local action. “DC residents seek full democracy for DC since 1982 and today,” it proclaims. “Mayor Muriel Bowser continues the fight to secure full democracy for DC because it is the most appropriate mechanism to grant U.S. citizens, who reside in the District of Columbia, the full rights and privileges of American citizenship.”

But for Bowser and the majority of council members, that full democracy can be overridden when the restaurant industry does not like what the majority decides.

This article was originally published at ThinkProgress on October 2, 2018. Reprinted with permission. 

About the Author: Josh Israel has been senior investigative reporter for ThinkProgress since 2012. Previously, he was a reporter and oversaw money-in-politics reporting at the Center for Public Integrity, was chief researcher for Nick Kotz’s acclaimed 2005 book Judgment Days: Lyndon Baines Johnson, Martin Luther King Jr., and the Laws that Changed America, and was president of the Virginia Partisans Gay & Lesbian Democratic Club.


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D.C. Council moves to overrule voters, reinstall tipped wage system

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This week, the majority of the D.C. Council supported a repeal of Initiative 77. Initiative 77 is the ballot measure voters approved in June that eliminates the tipped minimum wage and would gradually phase out the tipped workers’ minimum wage, so that by 2026, all workers are paid the same minimum wage.

Fifty-six percent of District voters approved of it. States such as California, Alaska, Washington, and Oregon, have gotten rid of the subminimum wage, and Economic Policy Institute’s analysis shows that poverty rates for servers and bartenders are lower in the states that have.

The campaign against Initiative 77 was well-funded and backed by the Restaurant Association of Metropolitan Washington (RAMW), which created a committee, “Save Our Tip System Initiative 77” to spread anti-Initiative 77 messages. According to The Intercept, the committee is managed partly by Lincoln Strategy Group, which did canvassing work for the Trump campaign. The National Restaurant Association, which has been lobbying against the tipped minimum wage for decades, gave the campaign $25,000.

The council members who have supported a repeal include Jack Evans (D), Anita Bonds (D), Trayon White (D), Kenyan McDuffie (D), Brandon Todd (D), Vincent Gray (D), and D.C. Council Chairman Phil Mendelson (D). Brianne Nadeau (D) tweeted that although she did not support the ballot measure, voters did, which is why she didn’t back the repeal.

Council member Todd tweeted that “This bill is just the beginning of a legislative process where nuanced deliberation & constructive dialogue can take place.” When asked by Washington Post reporter Fenit Nirappil how a bill flatly repealing it would lead to nuanced deliberations, Todd responded that “it initiates public hearings. Who knows how the bill will change as testimony and more information become available.”

The Council won’t take up the bill until after summer recess. Council members chose not to announce the bill to repeal during a committee meeting and instead filed it with the Council’s Office of the Secretary.

Diana Ramirez of the Restaurant Opportunities Center DC told WAMU, “These are the same constituents who just voted them into office and re-elected them. I think they deserve to tell us why they introduced this.”

Although Ramirez has voiced a willingness to work with council members on some kind of compromise legislation, according to the Washington Post, Council member Mendelson said, “There are not a lot of compromise ideas that come to mind.”

The council has only overridden ballot initiatives four times since the 1980s, according to the Washington Post.

There have been many recent incidents of local lawmakers trying to override ballot measures. In Nebraska, Republican lawmakers filed a lawsuit to prevent voters from putting Medicaid expansion on the ballot this November. In other states, such as Maine and South Dakota, lawmakers have blocked or repealed ballot measures.

Josh Altic, project director for the Ballot Measures Project for the website Ballotpedia, told Stateline, a nonpartisan news service, “We have definitely seen some notable cases of legislative tampering this year, especially with regard to the boldness with which legislatures are willing to change or repeal initiatives.”

This article was originally published at ThinkProgress on July 11, 2018. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.


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