Restaurant association, S.F. in court over health care ordinance

The San Francisco Chronicle reports:

San Francisco's groundbreaking health insurance ordinance went before a judge Friday to determine whether the city is violating federal law by forcing employers to help pay for coverage for 82,000 adult residents.

The case could determine the fate of similar efforts by other cities and Gov. Arnold Schwarzenegger to extend health coverage to the uninsured.

U.S. District Judge Jeffrey White said it was "laudable" for San Francisco to try to provide coverage for residents who lack insurance and don't qualify for coverage under the Medi-Cal program for poor people or Medicare for elders. But he also said Congress had made a "broad statement of pre-emption" in a 1974 federal law that prohibits state and local governments from regulating employees' benefits.

The Golden Gate Restaurant Association contends in a suit against the city that the ordinance violates the federal law by requiring employers to provide coverage for their workers, at levels specified by the city, or pay a fee to support the city's new health care program for uninsured people.

An interesting case.