L.A.'s Forced Employment Law Ruled Unconstitutional

The L.A. Daily News reports:

A Los Angeles city ordinance that protects grocery workers from layoffs and transfers after their stores are sold has been ruled unconstitutional, a trade association said Tuesday.

The ruling on Feb. 11 by Superior Court Judge Ralph W. Dau strikes down the nation's first ordinance that required workers be temporarily retained after a change in ownership.

The Grocery Workers Retention Ordinance was passed in December 2005.

"I think the only response we're going to give at this time is we are certainly disappointed with the ruling and we are weighing our options and reviewing the decision," said Frank Mateljan, spokesman for City Attorney Rocky Delgadillo.

According to the California Grocers Association, Dau said that the ordinance is unconstitutional on two counts. First, it conflicts with statewide food safety and food handler laws and is already subordinate to the California Retail Food Code. Second, the ordinance discriminates between grocery stores based on size and on whether they have a collective bargaining agreement, which violates the equal protection guarantees of the state and federal constitutions.

The association, which opposed the ordinance, said that the judge's ruling is a victory for fairness in food retailing and for providing increased food options for inner-city consumers.

"We are satisfied with Judge Dau's final ruling," Jill Rulon, the association's acting president, said in a statement.

Some people don't believe in liberty of contract.Some people don't believe in freedom.Those people sit on the L.A. City Council.