SAN ANTONIO — The City of San Antonio's Sick and Safe Leave Ordinance will not go into effect on December 1, according to a release from the city.
Judge Peter Sakai of the 225th District Court made the ruling, which goes into effect "pending a full trial on its merits in District Court."
City Manager Erik Walsh made the following remarks in regards to the ruling:
"The City would like to thank the Paid Sick Leave Commission for their thoughtful work and consideration in crafting this ordinance, which will afford working families the opportunity to accrue sick and safe leave so they can seek medical help, safety from harm and tend to ill family members."
City Attorney Andy Segovia also responded to the ruling:
“We respectfully disagree with the Court’s decision to enjoin the ordinance. We will evaluate our legal options going forward, including appealing this decision to the Fourth Court of Appeals."
Mayor Nirenberg also made a statement on Judge Sakai's ruling:
“I remain steadfast in my support of sick and safe leave. It is good for working families, businesses and the community. While I am waiting to hear an analysis from the City Attorney’s Office, I believe in San Antonio’s ordinance. I will continue fighting to provide sick and safe leave for San Antonio workers.”
The City Council will be briefed on appeal options in the near future.
MORE FULL REACTIONS TO THE DECISION:
Councilman Clayton Perry
"I agree with Judge Sakai’s ruling and remain strongly opposed to government mandated Sick and Safe Leave, which is why I voted against the ordinance in October.
Mandatory Sick and Safe Leave has the potential to severely cripple San Antonio’s businesses. It is not our responsibility as a Council to dictate how private companies should handle their day-to-day business practices. Employers and employees in San Antonio are entitled to create their contracts for employment free of government interference."
Councilman Roberto Trevino
“It is disappointing that hundreds of thousands of San Antonians will be without Sick and Safe Leave right as the flu season begins. The people have spoken, and the time to implement Sick and Safe Leave is now.”
Texas Organizing Project
“Working class families built San Antonio, and keep it running, offering world-class hospitality to our tourists, cooking our favorite foods, taking care of our loved ones, teaching our children and giving our city the vitality and culture it is renowned for. The very least our hard-working families deserve is the ability to take care of ourselves and our loved ones when we are sick or going through a crisis.
“Shame on the businesses who are trying to steal this basic right from us. Shame on the corporate interests who have their sights so firmly placed on the bottom line that they can’t see the suffering of the people who make their profits possible.
“And shame on them for not recognizing that their profit-driven view of the world has resulted in San Antonio having the highest rate of poverty among the country’s largest cities. Instead of fighting against policies that address the widening wealth disparity in our city, they should be on the frontlines with us looking for solutions.
“We’re going to continue fighting for paid sick leave. Not only in San Antonio, but throughout our state. We know that our fight has changed hearts and minds in Texas, and that people are ready for policies that recognize that all workers deserve a living wage and benefits that allow them to live with dignity.
“And we will win. If not in the courts, then at the ballot box. We have to win. The future of our working families depends on it.”
Association of Convenience Store Retailers and South Texas Merchants Association
The Association of Convenience Store Retailers (ACSR) and the South Texas Merchants Association (STMA) issue the following joint statement on the Court’s ruling on the City of San Antonio’s Paid Sick Leave Ordinance:
The ACSR and The STMA are pleased Judge Sakai sided with the rule of law with today’s ruling. By enjoining substantially, the same ordinance declared unconstitutional by the 3rd Court of Appeals, the Court preserves the status quo for employers during this critical time of year.
Employers of all sizes can now focus on serving their customers instead of shouldering the burden of an unconstitutional ordinance. Represented by Attorney Roland F. Gonzales, ACSR and STMA allege the amended ordinance, not only violates The Texas Minimum Wage Act, but provisions of the Texas Labor Code, FLMA, and ADA.
The ACSR and The STMA are encouraged by today’s ruling and hope the City is encouraged to redirect public resources from taxpayer funded litigation.
Councilwoman Ana Sandoval
Councilwoman Ana Sandoval introduced a Council Consideration Request Friday, calling for protections for city part-time workers and contractor employees.
Council Consideration Request
Councilman Manny Pelaez
Today, a local court blocked San Antonio’s Paid Sick Leave ordinance from going into effect. In response to this, Councilman Peláez issued the following statement:
“For more than a year, I have said that adopting a mandatory PSL ordinance would result in litigation and cautioned that this ordinance, albeit well intentioned, was prone to be blocked by the courts.
If appealed, I have no reason to believe that the appellate court will reverse today’s ruling. I do not feel we should commit more resources towards protracted litigation.”