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Dismissal of lawsuit over Birmingham’s minimum wage hike reversed by appeals court

July 26, 2018

Al.com,

Ivana Hrynkiw,

July 25, 2018-

A federal appeals court has reversed part of the order that dismissed the case of Birmingham’s minimum wage increase. In a published opinion issued Wednesday, the U.S. 11th Circuit Court of Appeals ruled on the case and sent part of the lawsuit back to district court. An attorney for several fast-food workers, black lawmakers, and civil rights groups argued to a three-judge panel from the appeals court in April to reinstate their lawsuit challenging a state law that blocked a minimum wage increase in Birmingham. Their lawsuit makes several claims, including that the state law is racially discriminatory and violates equal protection.

The defendants named in the lawsuit are the governor, the Alabama Attorney General’s office, and the city of Birmingham. Last year, U.S. District Judge David Proctor dismissed the case, writing there were “fatal flaws” in the plaintiffs’ reasoning. The plaintiffs appealed Proctor’s decision. The appeals court said in its opinion that they were both affirming part and reversing part of the district court’s ruling.

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