Marnika Lewis v. Governor of Alabama
Opinion
For a single day in February 2016, Marnika Lewis and Antoin Adams secured a pay raise. The Mayor of Birmingham, Alabama, William Bell, had just affixed his signature to Birmingham Ordinance No. 16-28, which guaranteed Lewis, Adams, and all other wage earners in the city $10.10 per hour. But the following afternoon, Alabama Governor Robert Bentley signed the Minimum Wage and Right-to-Work Act (The Minimum Wage Act or the Act) into law. The Minimum Wage Act nullified Birmingham Ordinance No. 16-28, preempted all local labor and employment regulation, and mandated a uniform minimum wage throughout Alabama-which, then and now, sits at $7.25 per hour. At the heart of this appeal is whether Lewis and Adams have stated a plausible claim that the Minimum Wage Act had the purpose and effect of discriminating against Birmingham's black citizens, in violation of the Equal Protection Clause of the Fourteenth Amendment. Because they have, we reverse the dismissal of that claim. We affirm the dismissal of all other claims.
I.
The events giving rise to this proceeding began in April 2015, when the Birmingham City Council passed a resolution calling upon the state legislature to raise the minimum wage to $10 per hour across Alabama. At that time, no Alabama municipality had a minimum wage above the federal floor of $7.25.
See
About a week after the ordinance's approval, a white state representative from the neighboring community of Mountain Brook (where only 1.5% of residents are black and just 3% of residents live below the poverty line) introduced a bill in the Alabama House of Representatives designed to quash Birmingham's ordinance and establish a uniform minimum wage throughout the state. The bill stalled, but at the start of the 2016 session, a variation of the bill (now called HB 174) was introduced by the same representative, this time with the support of fifty-two additional sponsors, all of whom were white.
Things progressed quickly. Within a week of its introduction on February 9, 2016, HB 174 sailed through the House Committee on State Government and won the approval of a majority of the House, 71-31. No black member of the House voted in favor of the bill. Thirty-six hours later, the bill cleared the Alabama Senate Committee on Governmental Affairs and was on its way to the Senate floor.
Meanwhile, the Birmingham City Council moved to accelerate the implementation of its own minimum wage law. On February 23, it adopted Ordinance No. 16-28, raising the minimum wage for Birmingham workers to $10.10 per hour, adjusted annually, effective immediately. Mayor Bell signed it into law the following day. Notice of the new minimum wage was slated for publication in the Sunday edition of the Birmingham News .
But on February 25, just a day after Birmingham raised its minimum wage, the Alabama Senate approved the Minimum Wage Act, 23-12, rendering Ordinance No. 16-28 null and void. The Act lacked support from any black senators. Governor Bentley signed it into law less than two hours later.
The Minimum Wage Act, codified at Alabama Code §§ 25-7-40 et seq., "establish[es] within the Legislature complete control over regulation and policy pertaining to collective bargaining ... or the wages, leave, or other employment benefits provided by an employer to an employee ... in order to ensure that such regulation and policy is applied uniformly throughout the state."
A few months after the Alabama Legislature passed the Minimum Wage Act, Lewis and Adams-who live in Birmingham and make less than $10.10 per hour-along with several public interest groups, sued the Governor and the Attorney General of Alabama, claiming racial discrimination under multiple theories. The plaintiffs amended their complaint to include claims under the Thirteenth, Fourteenth, and Fifteenth Amendments and § 2 of the Voting Rights Act. They also added the State of Alabama, the City of Birmingham, and Birmingham Mayor William Bell as defendants, while dropping the governor from the suit. The defendants moved to dismiss for lack of standing and failure to state a claim.
The district court agreed with the defendants and dismissed the complaint. It concluded that the plaintiffs lacked Article III standing to sue any of the defendants; that the attorney general was an improper defendant under
Ex parte Young
,
II.
We review both subject matter jurisdiction and Eleventh Amendment sovereign immunity issues de novo.
Summit Med. Assocs., P.C. v. Pryor
,
III.
A.
We begin, as we must, by addressing whether the plaintiffs have standing to sue each of the defendants for each of the claims asserted.
See
Jackson v. Okaloosa Cty., Fla.
,
"[T]he irreducible constitutional minimum of standing contains three elements."
Lujan v. Defenders of Wildlife
,
An organization has suffered a concrete injury and thus "has standing to sue on its own behalf if the defendant's illegal acts impair its ability to engage in its
projects by forcing the organization to divert resources to counteract those illegal acts."
Fla. State Conference of NAACP v. Browning
,
On appeal, the plaintiffs allege (1) that the Minimum Wage Act denies Birmingham's black citizens economic opportunities and abridges their right to vote on the basis of race; (2) that these harms are fairly traceable to the Act and to the defendants due to their enforcement roles; and (3) that their injuries can be redressed by enjoining the attorney general from enforcing the Act or by ordering the city to start enforcing Birmingham's minimum wage ordinance. The defendants contest each of these claims.
As an initial matter, we have little trouble concluding that the plaintiffs have suffered concrete injuries as a result of the Minimum Wage Act. According to the amended complaint, Lewis and Adams work in Birmingham and earn less than $10.10 per hour. Birmingham Ordinance No. 16-28 guaranteed them $10.10 per hour, adjusted annually to a cost of living index. And the Minimum Wage Act nullified Ordinance No. 16-28, in effect depriving Lewis and Adams of a significant increase in their hourly wage. If the Act is unlawful, they suffer an injury in fact with each working hour. Likewise, the plaintiff organizations, which are devoted to social, economic, and political improvements for Alabama's black citizens, have put forth sufficient facts demonstrating they have diverted resources to counteract the effects of the Minimum Wage Act on their operations. The plaintiffs have met Article III's injury requirement.
Next, we address whether these injuries can be attributed to these defendants.
See generally
Hollywood Mobile Estates Ltd. v. Seminole Tribe
,
And in fact, the attorney general recently did just that. After Birmingham erected a plywood barrier around one of its Confederate monuments, the attorney general sued the city and mayor to enforce the Alabama Memorial Preservation Act, citing his general authority under
Of course, the preceding discussion naturally leads us to conclude that an injunction against the attorney general "would amount to a significant increase in the likelihood that the plaintiff[s] would obtain relief that directly redresses the injury suffered."
Mulhall v. UNITE HERE Local 355
,
The City of Birmingham, on the other hand, is not a proper defendant for these claims. The plaintiffs allege that the city's failure to enforce its own minimum wage law sufficiently connects it to their injuries sustained under the Minimum Wage Act. But the city's refusal to implement a nullified law does not make it the cause of the plaintiffs' injuries. And besides, the attorney general has the authority to enforce the Minimum Wage Act against the City of Birmingham, whether it wills to resist state supremacy or not. Thus, ordering Birmingham to implement Ordinance No. 16-28 would only kick the (wrong) can down the road and leave the plaintiffs subject to the same allegedly discriminatory statute from which they seek relief. 4 The plaintiffs' injuries are not traceable to the City of Birmingham, which is powerless to redress them. Accordingly, we affirm the dismissal of the city from the suit, but we reverse the district court's holding that the plaintiffs lack Article III standing to assert their claims against the attorney general and the State of Alabama.
B.
Before we move on to the merits, two other matters need addressing. Besides dismissing the plaintiffs' claims for lack of Article III standing, the district court also found that they were barred on sovereign immunity grounds. Thus, we must determine whether the attorney general was an improper substitute for the state under Ex parte Young , and whether Eleventh Amendment immunity bars the Voting Rights Act claim against the State of Alabama-that is, whether § 2 of the Voting Rights Act abrogated state sovereign immunity.
The Eleventh Amendment generally bars suits against a state by its own citizens.
See
Hans v. Louisiana
,
In determining whether the Alabama Attorney General is, in fact, a proper party in interest, we turn to
Ex parte Young
for guidance. There, the Supreme Court permitted a Fourteenth Amendment suit against the Minnesota Attorney General because "[h]is power by virtue of his office sufficiently connected him with the duty of enforcement to make him a proper party."
Ex parte Young
,
Nevertheless, the defendants claim that the text of the Minimum Wage Act itself must authorize the attorney general to enforce it. This position contradicts precedent and, as demonstrated by recent litigation, practice. "The important and material fact," under
Ex parte Young
, is whether "the state officer, by virtue of his office, has some connection with the enforcement" of the Minimum Wage Act, "and whether it arises out of the general law, or is specially created by the act itself, is not material so long as it exists."
Next, we consider whether the plaintiffs can sue the State of Alabama under § 2 of the Voting Rights Act. This requires us to determine whether § 2 validly abrogated the states' Eleventh Amendment immunity from suit. We join the Fifth and Sixth circuits in concluding
that § 2 did abrogate state sovereign immunity, and thus find that we have jurisdiction to hear the plaintiffs' claim against Alabama.
See
OCA-Greater Houston v. Texas
,
In determining whether Congress has validly abrogated the states' sovereign immunity, we first ask "whether Congress has unequivocally expressed its intent to abrogate the immunity;" if it has, then we must determine "whether Congress has acted pursuant to a valid exercise of power."
Seminole Tribe of Fla. v. Florida
,
In so doing, Congress acted pursuant to a valid exercise of constitutional power: § 2 of the Fifteenth Amendment. The Civil War Amendments, which "were specifically designed as an expansion of federal power and an intrusion on state sovereignty,"
City of Rome v. United States
,
IV.
Having settled all jurisdictional disputes, we now reach the heart of the matter. Our final task is to determine whether the plaintiffs' claims survive a 12(b)(6) motion to dismiss; that is, whether the amended complaint "contain[s] sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' "
Ashcroft v. Iqbal
,
A.
The plaintiffs allege two equal protection violations in their amended complaint: (1) the Minimum Wage Act purposely discriminates against Birmingham's black citizens by denying them economic opportunities on account of their race; and (2) the Act violates the political-process doctrine by transferring control from the majority-black Birmingham City Council to the majority-white Alabama Legislature, in order to "uniquely burden the ability of Plaintiffs to obtain employment-related ordinances that Birmingham's African-American community strongly favored." We address each allegation in turn.
1. Intentional Discrimination Claim
In order to prevail on an equal protection challenge to a facially neutral law, plaintiffs must prove both discriminatory impact and discriminatory intent or purpose.
See
I.L. v. Alabama
,
Our starting point is the law's impact.
See
The defendants, however, maintain that these "cherry picked" statistics fail to demonstrate disparate impact because the Minimum Wage Act applies statewide and inures to the general benefit. To accept this argument would be to ignore the allegations in this case. The Minimum Wage Act was passed in direct response to Birmingham's minimum wage ordinances, which made it the only municipality in Alabama guaranteeing an hourly wage above the federal floor. Thus, it was not "cherry picking" for the plaintiffs to focus on Birmingham, the community at which the law was primarily directed and where its impact was most transparent. This is not the place to debate the Minimum Wage Act's long term macroeconomic merits. What we know from the pleadings is that the Act immediately denied a significant wage increase to roughly 40,000 Birmingham residents, the vast majority of whom were black. These facts are more than sufficient to support a plausible allegation that the Minimum Wage Act burdens black citizens more than white ones.
This leads us to the more challenging question: have the plaintiffs alleged facts plausibly supporting a conclusion that the Minimum Wage Act was enacted with a discriminatory purpose? A sensitive inquiry into the direct and circumstantial evidence leads us to conclude that they have.
Arlington Heights
,
The plaintiffs' amended complaint presents detailed factual allegations which go to the heart of multiple Arlington Heights considerations, including the disproportionate effect of the Minimum Wage Act on Birmingham's poorest black residents; the rushed, reactionary, and racially polarized nature of the legislative process; and Alabama's historical use of state power to deny local black majorities authority over economic decision-making. The Minimum Wage Act responded directly to the legislative efforts of the majority-black Birmingham City Council, which represents more black citizens (and more black citizens living in poverty) than any other city in Alabama. The Act swiftly nullified efforts of those Birmingham City Council members to benefit their majority-black constituents even though the Alabama legislature had previously "failed to take any action to establish a statewide minimum wage law and had [ ] been indifferent to efforts to establish such a law." D.E. 18 at ¶ 83. The Act was introduced by a white representative from Alabama's least diverse area, with the help of fifty-two other white sponsors, and was objected to by all black members of the House and Senate. And it was accelerated through the legislative process in sixteen days with little or no opportunity for public comment or debate. These facts plausibly imply discriminatory motivations were at play.
Furthermore, the plaintiffs put forth extensive evidence suggesting that the Minimum Wage Act reflects Alabama's longstanding history "of official actions taken for invidious purposes."
Arlington Heights
,
The defendants respond that the Minimum Wage Act is a neutral, economic law similar to the one adopted by twenty-two other states, and that the plaintiffs' allegations of discrimination cannot overcome the law's obvious legitimate purpose. Likewise, the district court held that because legitimate reasons support the legislation, Arlington Heights is inapposite, and "only the clearest proof will suffice" to establish discriminatory intent. This position gravely misstates the law.
The inquiry before us is simply whether the plaintiffs have plausibly stated a claim of disparate impact and discriminatory intent. If they establish their allegations, the defendants will have their turn to prove that "the same decision would have been made for a legitimate reason,"
Burton
,
But most perturbing is the so-called "clearest proof" standard applied by the district court and defended on appeal. Recklessly plucked from an unrelated line of precedent, this requirement runs contrary to decades of established equal protection jurisprudence. The district court derived the "clearest proof" rule from a line of cases dealing with ex post facto challenges to civil statutes.
See
Smith v. Doe
,
Requiring the "clearest proof" of discriminatory purpose not only ignores the history of equal protection law but also turns a blind eye to the realities of modern discrimination. Today, racism is no longer pledged from the portico of the capitol
5
or exclaimed from the floor of the constitutional convention;
6
it hides, abashed,
cloaked beneath ostensibly neutral laws and legitimate bases, steering government power toward no less invidious ends.
Edmonson v. Leesville Concrete Co.
,
2. Political-Process Claim
The plaintiffs' second theory for equal protection relief rests on the political-process doctrine. This doctrine evolved from the Supreme Court's recognition that the Fourteenth Amendment guarantee to "full participation in the political life of the community" extends to "a political structure that treats all individuals as equals, yet more subtly distorts governmental processes in such a way as to place special burdens on the ability of minority groups to achieve beneficial legislation."
Washington v. Seattle Sch. Dist. No. 1
,
However, the Supreme Court's most recent consideration of the doctrine has called its former interpretations into question. In
Schuette v. Coalition to Defend Affirmative Action
,
Mindful of the doctrine's historical standing and the Supreme Court's recent directives, we turn, cautiously, to whether the plaintiffs have stated a plausible political-process claim. A comparison to the salient precedent, in light of the Court's recent interpretation, leads us to conclude that they have not. The minimum wage laws at issue here are neutral, economic regulations that impact a significant percentage of both black and white hourly wage workers.
Cf.
Schuette
,
B.
Finally, we address whether the plaintiffs have stated plausible voting rights claims under the Fifteenth Amendment and § 2 of the Voting Rights Act. In their amended complaint, the plaintiffs allege that the Minimum Wage Act abridges their right to vote on account of race, because it "reverses a scheme of local control by citizens of Birmingham over the power to enact minimum wages" and "prohibits the majority-black electorate of the City of Birmingham from exercising their electoral power over local government." The plaintiffs' voting claims fall short for the simple reason that their allegations have nothing to do with voting.
"The essence of a § 2 claim is that a certain electoral law, practice, or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by black and white voters to elect their preferred representatives."
Thornburg v. Gingles
,
V.
The plaintiffs have stated a plausible claim that the Minimum Wage Act had the purpose and effect of depriving Birmingham's black citizens equal economic opportunities on the basis of race, in violation of the Equal Protection Clause of the Fourteenth Amendment. Accordingly, we reverse the dismissal of that claim against the Attorney General of Alabama. We affirm the dismissal of all other claims and all other defendants.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
All census data is derived from Quick Facts: Birmingham City, Alabama ; Mountain Brook City, Alabama , United States Census Bureau, https://www.census.gov/quickfacts/fact/table/birminghamcityalabama,mountainbrookcityalabama/PST045216.
The plaintiffs do not challenge the dismissal of the Mayor of Birmingham on appeal.
Because we independently take judicial notice of the attorney general's recently filed complaint, we deny Plaintiffs-Appellants' Request for Judicial Notice as moot. The defendants argue that because the Alabama Memorial Preservation Act explicitly contemplates a role for the attorney general (to collect fines), the situation in
Alabama v. Birmingham
is categorically different from the one here. We disagree. The attorney general's complaint in
Alabama v. Birmingham
asserts standing to sue
solely based on his general enforcement authority
granted in
Contrary to what the plaintiffs claim, an injunction against the City of Birmingham is unnecessary to afford them full relief. According to the city, Ordinance No. 16-28 is still on the books. If the Minimum Wage Act were declared unconstitutional, then the ordinance would govern Birmingham residents unless the city sees some reason to repeal or alter it. This is the city's political prerogative, not ours.
See Inaugural Address of Governor George C. Wallace, January 14, 1963 , at 2, Alabama Department of Archives & History, http://digital.archives.alabama.gov/cdm/ref/collection/voices/id/2952 ("I draw the line in the dust and toss the gauntlet before the feet of tyranny ... and I say ... segregation now ... segregation tomorrow ... segregation forever.").
See 1 Journal of the Proceedings of the Constitutional Convention of the State of Alabama, Commencing May 21st, 1901, at 9 (1901) ("And what is it that we want to do? Why it is within the limits imposed by the Federal Constitution, to establish white supremacy in this State.").
Reference
- Full Case Name
- Marnika LEWIS, Antoin Adams, National Association for the Advancement of Colored People, Greater Birmingham Ministries, Marika Coleman, John Rogers, Priscilla Dunn, Juandalynn Givan, Louise Alexander, William Muhammad, Rodger Smitherman, Oliver Robinson, Alabama Legislative Black Caucus, Mary Moore, Plaintiffs-Appellants, v. GOVERNOR OF ALABAMA, in His Official Capacity as Governor of the State of Alabama, Attorney General, State of Alabama, in His Official Capacity as Attorney General of the State of Alabama, State of Alabama, The, Birmingham, City Of, The, William A. Bell, Sr., Defendants-Appellees.
- Cited By
- 5 cases
- Status
- Published