Their petition for a rehearing before the full D.C. Court of Appeals, also known as a hearing en banc, extends a legal fight over whether the tipped-minimum-wage initiative should have been granted ballot access.
should have been granted ballot access. As proposed, the measure seeks to raise the city’s tipped minimum wage to match D.C.'s standard minimum wage by 2027.
The initiative’s opponents, which include some local restaurant owners and workers who say the measure would be costly for businesses and potentially discourage patrons from tipping, have argued in court that the D.C. Board of Elections made procedural errors while determining whether supporters gathered enough valid signatures; they submitted
earlier this year. The opposition’s lawyers needed to decide by Friday night whether they would ask the full Court of Appeals for a rehearing.Lawyers for Initiative 82′s proponents have until Tuesday to file a response; the court’s active judges will then likely hold a vote on a rehearing en banc. If a majority of them vote in favor, the full court will rehear the case.
A similar situation played out in April, ahead of the District’s June primary election, when D.C. Council member Kenyan R. McDuffie , then a candidate for D.C. attorney general, was fighting to remain on the ballot after he was deemed ineligible to run by the Board of Elections. A three-panel judge denied McDuffie’s first appeal of the election board’s ruling, and after his lawyers petitioned for a rehearing en banc, the judgesThe petition was denied.
The D.C. Court of Appeals will need to move swiftly in its decision on Initiative 82; the Elections Board is legally required to send ballots to overseas and military voters by Sept 23.
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