Texas Public Policy Foundation attorney Robert Henneke, who represents the businesses in the lawsuit, said the ordinance violates the state’s minimum wage act. He also argued that the ordinance impinges on his clients’ constitutional rights, including freedom of association, equal protection for non-unionized employers, and the right to be free of unreasonable searches and seizures because of the city’s subpoena power over business records.
A state appeals court ruled against Austin’s sick leave law in November, and now it likely faces a review in the Texas Supreme Court. Legal experts have said that the previous ruling will make it an uphill battle in both state and federal courts.
Labor and community activists, along with City Council member Omar Narvaez, rallied Wednesday morning at Dallas City Hall before the council meeting. The rally was scheduled before Paxton announced that he was joining the suit.
The city attorney is scheduled to brief the council on the lawsuit Wednesday.