Push is still on to put higher minimum wage on KC’s November ballot

Kansas City has a legal fight on its hands as it tries to remove a $15-per-hour minimum-wage measure from the November ballot.

The city on Monday tried to get an order from the Jackson County Circuit Court to remove the petition initiative for a higher minimum wage. The city attorney’s office argues any Kansas City election on a higher minimum wage would be an exercise in futility because the Missouri General Assembly last week outlawed cities from adopting anything greater than the state-set $7.65 per hour.

Kansas City said the court order was urgent because 5 p.m. Tuesday is the deadline to make changes to the Nov. 3 ballot.

Judge W. Brent Powell on Monday allowed the petitioners to intervene in the case, which opens the door for them to challenge removal of the initiative from the ballot.

The petitioners gathered enough signatures for a ballot measure that seeks to gradually raise the minimum wage in Kansas City to $15 per hour by 2020.

Immediately after Powell let the petitioners intervene, they filed a motion seeking a change of judge but gave no reason. As a matter of law, Powell said he had to grant that motion, and the case was reassigned to a different judge, with the hearing scheduled for Tuesday morning.

In a motion filed Monday, petitioners argued it was not an exercise in futility to put this measure before voters, and they should be entitled to that election.

Attorneys for the petitioners contended there are flaws with the new Missouri law restricting local control of the minimum wage, and they said it was vulnerable to a court challenge, so Kansas City should not just give in to the legislature.

The city said it needed a court decision urgently. If it fails to get the measure removed by Tuesday, the city could be on the hook to pay for the special November election, which could cost about $500,000.

This story was originally published September 21, 2015 at 4:07 PM with the headline "Push is still on to put higher minimum wage on KC’s November ballot."