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2 weeks ago

AG Steve Marshall praises court’s decision for re-hearing of wage lawsuit

A federal appeals court on Wednesday withdrew a decision that revived a lawsuit challenging an Alabama law that blocked cities from raising the minimum wage.

The 11th U.S. Circuit Court of Appeals withdrew a July decision that revived the lawsuit filed by civil rights groups, fast food workers and minority legislators who said the 2016 law is intentionally racially discriminatory. The court is holding a rehearing on the matter before all the judges of the circuit.

Alabama Attorney General Steve Marshall praised the decision.

“Alabama has the same right as other states to enact a minimum-wage law, and it is unjust to accuse Alabama’s Legislature of racism when other states have not only passed similar minimum-wage laws, but those laws have also been upheld by other courts,” Marshall said in a statement.

The lawsuit centers on a 2016 state law that was quickly passed to block Birmingham’s attempts to raise the hourly minimum wage to $10.

The law requires a uniform minimum wage across the state.

The Alabama Chapter of the NAACP, Greater Birmingham Ministries and others sued state officials, saying the state law violated the voting rights and civil rights of Birmingham residents.

They contended it was racially discriminatory and another example of the majority-white Legislature exerting control over majority-black cities.

Lawmakers who supported the state law said that they were worried about the impact on businesses and argued it was important for economic development for the state to have a uniform minimum wage.

U.S. District Judge R. David Proctor dismissed the lawsuit in 2017, saying that plaintiffs had not proven their claims of discrimination or civil and voting rights violations.

However, the appeals court in July revived the discrimination claims and said the lawsuit could proceed.

The panel said that “plaintiffs have stated a plausible claim that the Minimum Wage Act had the purpose and effect of depriving Birmingham’s black citizens equal economic opportunities on the basis of race.”

The full court will now reconsider the matter later this year.
(Associated Press, copyright 2018)

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50 mins ago

Del Marsh on Trump declaration: ‘It is an emergency — It is about protecting this country’

Alabama Senate leader Del Marsh (R-Anniston) voiced his support for President Donald Trump’s latest action on border security while blaming Democrats for their inability to fix the long-standing issue.

In an interview with Yellowhammer News, Marsh said he supports Trump’s decision to declare a national emergency along the Mexican border.

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Marsh explained that the urgency of the threat made it necessary.

“It is an emergency,” Marsh stated. “It is about protecting this country. That’s where the threat is. The threat is the southern border. All our borders should be secure. But the threat right now is the southern border. No one can deny that.”

When asked where border security should rank among the country’s priorities, Marsh said border security should be number one.

And he expressed frustration at how policy-makers have approached the issue.

“I cannot for the life of me understand how people in Congress can put people who are not citizens of this country above our citizens’ welfare, and that’s what I see happening,” he remarked.

He cited a single reason why, in his mind, the issue of border security has gone on for so long without resolution.

“Politics,” Marsh declared.

Specifically, he believes Democrats view illegal immigration as providing a pool of potential new voters and that has threatened national security.

“They have put that above the safety of the citizens of this country,” he said. “Democrats are basically saying, ‘Don’t worry about a process. Come on! We’re your buddies!’”

Marsh also pointed out the fact that he has already filed a bill in the Alabama legislature to allow Alabamians to help build the wall.

The legislation would provide taxpayers the option of checking a box on their tax returns should they want to donate to We Build the Wall, Inc.

Marsh has already donated to the fund himself.

“It’s about sending a message to this president, President Trump, that we support him and by sending these dollars to build the wall, showing our support for him,” he explained. “I believe it and I think the people of Alabama believe that security is the most important thing, the most important issue at this point in time. We want to support the wall, and we want to see the wall built.”

Tim Howe is an owner and editor of Yellowhammer News.

56 mins ago

Alabama Supreme Court reinstates Alabama Memorial Preservation Act

Attorney General Steve Marshall announced Friday that the Alabama Supreme Court has granted the state’s motion to stay a recent “[erroneous]” Jefferson County Circuit Court judgment that declared the Alabama Memorial Preservation Act of 2017 to be unconstitutional.

This means the law, which prohibits the removal and alteration of monuments more than 40 years old on public property, will still be in effect while the state appeals the decision. Marshall requested the stay three weeks ago.

“I am pleased that the Alabama Supreme Court has granted the State’s motion to stay the Circuit Court’s ruling,” the attorney general said in a statement. “We think that U.S. Supreme Court precedent clearly demonstrates that the Circuit Court erred in striking down the Alabama Memorial Preservation Act. Thus, we asked the Alabama Supreme Court to preserve the status quo regarding the Confederate Soldiers and Sailors Monument in Linn Park until the Court rules on our appeal.”

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It was reported that the City of Birmingham was considering removing the monument at the center of the controversy after the law was struck down. The Sailors Monument has been covered by a large black wall since August 2017, near the end of former Mayor William Bell’s tenure.

“The Supreme Court’s stay allows the Alabama Memorial Preservation Act to remain in effect until the Supreme Court resolves this appeal over the Act’s constitutionality. We continue to hold that the Circuit Court erred when it ruled that the U.S. Constitution grants cities free speech rights that they can enforce against the State,” Marshall added. “For more than a century, the U.S. Supreme Court has held just the opposite, recognizing that ‘a political subdivision, created by the state for the better ordering of government, has no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator.’ We look forward to presenting these arguments to the Alabama Supreme Court.”

The Supreme Court’s order Friday also stayed the accrual of any financial penalties under the law.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

4 hours ago

David Cole departs Alabama Farmers Federation for BCA

The Business Council of Alabama (BCA) is adding another star to its governmental affairs team.

Shortly after breaking BCA’s hiring of Molly Cagle from Manufacture Alabama, sources confirmed to Yellowhammer News that Alabama Farmers Federation Director of State Affairs David Cole is coming on board at the same time.

Cole, like Cagle, is joining BCA’s governmental affairs staff effective February 28, just in time for the March 5 start of the state legislative session. Most recently, Cole spearheaded the federation’s lobbying efforts in the Alabama House of Representatives.

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Sources confirmed to Yellowhammer News Friday that federation Executive Director Paul Pinyan sent out an email announcing Cole’s departure and thanking him for his commitment to Alabama agriculture — the state’s biggest industry. Pinyan also outlined how the staff would be moved around in response to Cole leaving.

Director of External Affairs Matthew Durdin – and his staff members, Director of Agricultural Legislation Preston Roberts and administrative assistant Jessica Mims – will now be involved in some state governmental affairs work. Former Alabama Secretary of State Beth Chapman, who has been working as a political consultant for the federation, will now add governmental affairs work on contract.

An official announcement with details of the federation’s staff changes is expected to be released in the coming week.

Update, 6:15 p.m.:

BCA President and CEO Katie Boyd Britt announced the two major additions in an internal email sent out to the business council’s leadership Friday evening. Britt took the reigns of BCA January 2. Cagle and Cole are her first hires.

The email detailed that Cole is being named senior vice president of governmental affairs and Cagle vice president of governmental affairs.

“These two additions to our team position the BCA to serve our members and advocate effectively on behalf of the business community,” Britt wrote.

Mark Colson, who most recently filled in as BCA’s interim president after serving as chief of staff and senior vice president for governmental affairs, will continue to serve the organization in his new role as senior advisor through the transition period.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

4 hours ago

Molly Cagle joining BCA from Manufacture Alabama

One of Alabama’s rising stars in the governmental affairs world is on the move.

Sources confirmed to Yellowhammer News Friday that Manufacture Alabama (MA) Director of External Affairs Molly Cagle has accepted a governmental affairs position with the Business Council of Alabama (BCA). While an exact title has yet to be released, Cagle is expected to bolster BCA’s legislative affairs team.

The hire marks the first in BCA President and CEO Katie Boyd Britt’s tenure. She was hired by the organization’s executive committee in December and took office January 2.

Cagle’s last day at MA is February 20, according to an email from her to the association’s membership obtained by Yellowhammer News.

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“My time at Manufacture Alabama over the last four and a half years has been incredibly rewarding. The friendships, lessons, and advice are things that I cherish and will take with me throughout my career,” she wrote.

Cagle comes to BCA with an impressive track record in legislative work, including past service as the Senate Liaison for Alabama Senate President Pro Tempore Del Marsh. She received her bachelor’s in Political Science, with a minor in Broadcast Journalism, from Troy University.

Named to Yellowhammer Multimedia’s “Power and Influence: Who’s Next?” list for 2018, Cagle will be a major addition to BCA as the organization refocuses on its pro-jobs mission of “making a sweet home for business” in Alabama.

Cagle’s email noted, “As I prepare to take on my new role, I want to assure everyone that the staff at Manufacture Alabama has taken the steps to make my departure as seamless as possible. A special thank you to George Clark for his guidance and support not only over the last several years but also throughout this process.”

The state legislative session begins March 5.

As of Friday at 2:30 p.m., BCA had taken down its online staff directory. An official announcement of the hire is expected in the coming days.

Update, 6:15 p.m.:

Cagle is being named BCA’s vice president of governmental affairs.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

5 hours ago

It is time for the Alabama legislature to end the state-mandated subsidy to print media outlets

Who won the 2018 general election in Alabama?

You might think with all the talk of $900 prison spending bills, gas taxes, Medicaid expansion and the lottery that Democrats won in a massive landslide and were preparing to implement their agenda. But that is not what happened — Republicans actually picked up seats.

The state of Alabama, with a Republican super-majority, is preparing to spend big and grow government.

As they do this, maybe they can toss the citizens of Alabama a bone and make the government a little more efficient by saving state agencies, counties, cities and school boards a substantial amount of money every year.

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Current Alabama law requires government entities in Alabama to advertise legal notices, legislation, constitutional amendments, voter rolls and other public matters in the local print media outlets.

This is not chump change:

  • The state of Alabama spends up to $800,000 each year.
  • The city of Huntsville spends up to $115,000 each year.
  • Madison County spends up to $153,000 each year.

If we were to add up all the costs to local governments, we would find that these costs are in the multiple millions of dollars range.

In a state that has a $6+ billion dollar education budget, this may seem like something that is minuscule and irrelevant, but that is not the case when adding all the entities required by law to hand government money over to private companies to print a product that very few use and could easily be uploaded to an official state/county/city website and be more accessible to your average Alabamians.

The only counter-argument, which will be made by those working in or for the print media industry and no one else, is that there are communities in Alabama that don’t have high-speed Internet and can’t access these websites.

This is a canard that only allows legislators to do nothing and not face the wrath of people who “buy ink by the barrel.”

Keeping these laws on the books only acts to subsidize the print media. It does not benefit your average Alabamian one bit.

This print media subsidy should be ended immediately. Surely there are other things these government entities can spend this money on.

@TheDaleJackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 am weekdays on WVNN