|(Feb. 26, 2021) -- LBREPORT.com provides a link below to the full opinion of Federal District Court Judge Otis D. Wright, II, denying a request by the CA Grocers Ass'n for a preliminary injunction while the grocers' lawsuit challenging a City of Long Beach ordinance requiring hero pay for grocery store workers continues to trial.
"A preliminary injunction is not warranted because CGA fails to establish a likelihood of success on the merits. CGA asserts five causes of action, each for declaratory and injunctive relief against enforcement of the Ordinance, based on:(1) NLRA preemption, (2) the Equal Protection Clause of the U.S. Constitution, (3) the Equal Protection Clause of the California Constitution, (4) the Contracts Clause of the U.S. Constitution, and (5) the Contracts Clause of the California Constitution, respectively. (See Compl.)"
To view the full 17 page opinion, click here.
Long Beach was the first city to enact a $4/per hour hero pay grocery worker ordinance and was the first city sued by the CA Grocers Ass'n. (Kroger also announced the closure of two of its LB stores: Ralphs at LCD/Wardlow and a NLB Food 4 Less.) Similar hero pay ordinances have been enacted by West Hollywood and Montebello (CGA lawsuits pending); the City and County of Los Angeles recently enacted similar her pay measures. .
Federal district court judge Otis D. Wright, II was appointed by President George W. Bush on January 9, 2007. Prior to the federal bench, judge Wright served on the LA County Superior Court appointed by CA Gov. Arnold Schwartzenegger (Oct. 2005.)
Judge Wright earned a BA degree from CSU LA (1976) and a Juris Doctor degree from Southwestern Law School (1980.) He previously served in the US Marine Corps (1963-66), was an LA County Deputy Sheriff from 1969-1980, a Deputy Attorney General in CA Dept. of Justice from 1980-1983 and in private practice in L.A. from 1983-2005. .
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