Enforcement of the E-Verify ordinance has been put on hold after a lawsuit was filed May 9 in the U.S. District Court for the Western District of Missouri.
The suit - jointly filed by plaintiffs Positronic Industries Inc., Oke-Thomas & Associates Inc., Stenger Management LLC and Joe Robles - challenges the city's enforcement of the E-Verify ordinance, which was passed by 51 percent of voters in February. The ordinance was brought before City Council through an initiative petition by the Ozarks Minutemen, a group that has said the law would cut down on businesses hiring illegal workers in the area.
The suit claims the ordinance:
- usurps the power of the municipal court to judge violations of city ordinances;
- violates the due process clause of the U.S. and Missouri constitutions by denying those who have violated the ordinance proper notice and an adequate opportunity to be heard before the business is fined or its license is suspended or revoked; and
- violates the preemption clause of the U.S. Constitution by imposing fines that violate federal law.
The suit comes with a preliminary injunction that puts a hold on enforcement of the law, which was slated to start June 4. The injunction will stay in place until a court decision is made.
The ordinance calls for businesses to use the federal E-Verify employment eligibility software or face penalties. The ordinance has
come under fire from the city and business officials, who have stated the penalties included in the law are unconstitutional.
“We have known all along there are portions of the ordinance that are both unenforceable and illegal,” City Manager Greg Burris said in a news release. “We will let the court decide what to do at this point.”
Though City Attorney Dan Wichmer acknowledged that parts of the ordinance are illegal, he is obligated to defend the ordinance under city law. In the release, he said foregoing a temporary restraining order and agreeing to a preliminary injunction saves time and money to allow city staff to deal with any other issues involved with the ordinance.[[In-content Ad]]
