‘Workers’ Bill of Rights’ ruling challenged by Tacoma

Initiative 2, otherwise known as the Workers’ Bill of Rights, has caused concern among Tacoma City Council members, resulting in delays to it being on the ballot.

By Michaela Ely

Initiative 2, or the Workers’ Bill of Rights, has faced two delays so far in ending up on the ballot due to concerns from Tacoma City Council members and an ongoing lawsuit regarding the initiative. 

If passed, the initiative would result in a phased-in increase for minimum wage to $20 an hour, provide better hours to current part-time employees before hiring new staff, more predictable schedules and guaranteed safe workplaces.? 

The initiative was first filed on Feb. 4 for approval by the City Attorney?and was filed again on June 24 for signature verification with the City Clerk. After the signatures were verified and approved, the measure was then sent to City Council to either be approved or rejected. Via Resolution 41733, the initiative was rejected and the City Clerk was directed to send Initiative 2 to the Pierce County Auditor for inclusion on a special election ballot for Nov. 4. 

However, the deadline for Pierce County to put an initiative on a special election ballot was Aug. 5 and the resolution passed on Aug. 8. Tacoma For All, the United Food and Commercial Workers Local 367 and the Tacoma Democratic Socialists of America, who wrote the initiative, sued the city due to the missed deadline. Mayor Victoria Woodards released a statement on Aug. 8 that detailed the reasoning behind the delay. 

“As prescribed by the Tacoma City Charter, the City Council has the responsibility to review an initiative’s potential impacts on the people of Tacoma within 30 days. However, this timeframe was not enough to fully understand the implications and effects on our community of Initiative 2. The City Council’s review resulted in choosing not to adopt an initiative we cannot be confident is in the best interest of all the people of Tacoma,” Mayor Woodards said in a press release. 

Mayor Woodards and other City Council members have expressed their concern about Initiative 2 due to the language contained in the section that would ensure companies provided a predictable schedule two weeks in advance. The concern is due to there being no provision for changes to an employee’s schedule outside the required two week window, even if the employee works for an emergency service such as the police or fire department, according to the City of Tacoma.? 

On Sept. 9, Pierce County Superior Court Judge Philip E. Thorton ruled in the initial suit that the city violated the plaintiffs’ substantive and procedural due process rights, and ordered that the initiative be placed on the ballot in February. 

However, the City of Tacoma filed a general appeal to this ruling Sept. 26, and filed pleadings with the Washington State Court of Appeals on Oct. 20. The city argued that the court erred in ordering the initiative be placed on the ballot in February, the court erred in saying the City Council lacked a rational basis in requesting the Pierce County Auditor’s Office to include Initiative 2 in the November ballot, the court erred in saying that City Council violated due process and that the court erred in denying the City’s motion for reconsideration, according to a press release from the City of Tacoma. 

“The City’s decision to appeal the recent court ruling is a necessary step to resolve significant legal questions raised in the trial court’s ruling and seek clarification regarding the process under the City Charter and state law for placing an initiative on the ballot,” Mayor Woodards said in a press release. 

On Nov. 19, the City of Tacoma received a court order that established the briefing schedule for the appeal regarding Initiative 2. The schedule extends past the February special election deadline, but both the plaintiffs and the city have agreed to the schedule. However, this means that Initiative 2 will not appear on the ballot in February.? 

 
For more information on Initiative 2, South Sound Rising and the City of Tacoma have dedicated FAQ pages.