Judge approves injunction to halt Lincoln’s minimum wage ordinance

The city of Lincoln will have to pause its minimum wage ordinance after a Lancaster County District Court judge granted a temporary injunction.

The ordinance, which works in opposition to LB258, would maintain a $15 minimum wage regardless of age along with allowing for annual increases based on the Consumer Price Index.

The law would’ve gone into effect Saturday.

Initially, Judge Lori Maret delayed the injunction, allowing for the city to submit its brief in opposition.

In the city’s brief, attorneys argued that the Attorney General’s office couldn’t prove irreparable harm if the law went into effect.

It argued the state would only be harmed if the “wage ordinance set the minimum wage at an amount lower” than what the Legislature set in the past session.

In a brief replying to the city, the Attorney General’s office argued the city doesn’t have the authority to implement a wage ordinance that differs from state law.

The state argued that Nebraska Revised Statute 15-263 gives the city general authority to enact ordinances for the “welfare of the city.” However, the state argued that doesn't give the city specific authority to enact the minimum wage ordinance.

It goes on to say the legislature has left “no room for municipalities to enact minimum wage laws.”

In a news release after Maret's decision, the Attorney General's office said the court concluded that “the minimum wage is likely a matter of statewide concern” and that the state "will be irreparably harmed if the Ordinance contradicts state law.”

“I appreciate the court’s thoughtful consideration here,” Attorney General Mike Hilgers said in a statement. “The injunction stops the city’s unlawful ordinance and its illegal attempt to circumvent the Constitution.”

Lincoln City Councilman James Michael Bowers, who introduced the ordinance, told Nebraska Public Media that the outcome was expected. He added that the injunction is another step in the process to defend the city's position and Nebraska and Lincoln voters.

"As the state continues to undo the will of the voters, and as the state continues to try to silence people at the ballot box, they're going to have to go through us," Bowers said. "They're going to have to go through local elected officials because we're not going to let them silence voters."