ERIC filed our reply brief with the U.S. Supreme Court today in support of our legal challenge to the City of Seattle’s onerous hotel health care ordinance – Municipal Code (SMC) 14.28 – on ERISA preemption grounds. The filing also serves to rebut arguments made in Seattle’s recent opposition brief, which attempts to portray the costly City health care ordinance as a one-off wage law without broader legal implications.
ERIC’s reply brief focuses on bolstering our central positions that:
- The Seattle ordinance is a benefit law and not a simple wage law
- A Circuit split on this legal issue does exist
- The Seattle ordinance is preempted by federal ERISA law
- U.S. Supreme Court review is urgently needed
This filing marks the close of cert petition briefing in our fight to overturn Seattle’s mandate, defeat other “play-or-pay” programs in San Francisco and Oakland, and prevent the wave of similar state and local laws waiting on the outcome of this battle. As a reminder, numerous states and localities telegraphed their intention to enact related laws across the country earlier in this litigation. In response, six amicus briefs were filed in support of ERIC’s cert petition to the U.S. Supreme Court by 48 employer and industry groups, underscoring the broad need for national clarity on this issue.
Click here to read ERIC’s press release which followed today’s filing.
Click here to read more about ERIC’s legal challenge and the importance of ERISA preemption.