City of Springfield officials and the plaintiffs in a lawsuit challenging an ordinance that would have enforced use of the federal E-Verify system have reached an agreement.
In essence, the agreement kills the ordinance, which would have required businesses to use the free federal employment eligibility software or face penalties. Moving forward, the city's law department will draft a "clean-up" bill bringing the current ordinance in line with the judgment. The bill would return the city to its position before the ordinance was brought about. State and federal laws require organizations only to employ individuals who can legally work in the U.S. They do not require employers to use E-Verify, according to a news release from the city.
“There were many areas where the legal analysis between the city and plaintiffs reached the same conclusion as to the unenforceable provisions,” City Attorney Dan Wichmer said in the release.
In the suit, the plaintiffs - Positronic Industries, Oke-Thomas & Associates Inc., Stenger Management LLC and State Farm insurance agent Joe Robles - claimed the voter-approved ordinance:
- unlawfully imposed fines violating federal law;
- mistakenly usurped the power of the municipal court to judge violations of city ordinances; and
- violated the due process clauses of the U.S. and Missouri constitutions by denying those that violate the ordinance proper notice and opportunity to be heard before the business is fined or its license is suspended or revoked.
After discussion with the plaintiff's counsel, the city made an offer of judgment, which the release said avoids wasting money and resources. As part of the agreement, the city agreed to pay $45,350 in attorneys' fees and court costs and admit the plaintiffs are the prevailing parties.
“We are pleased to have these issues behind us and that we may focus on the business of serving our citizens again,” City Manager Greg Burris said in the release.
The ordinance was crafted by a group known as the Ozarks Minutemen, who have said the law was designed to cut down on the hiring of illegal workers in Springfield. In February, Greene County citizens narrowly approved the ordinance, by 51 percent of the more than 16,000 votes cast, according to
Springfield Business Journal archives.
Enforcement of the law was put on hold when the plaintiffs filed suit in May.
