The PSL turbulence in Texas continues. A Bexar County judge today temporarily enjoined implementation of San Antonio’s Paid Sick and Safe Leave Ordinance. The Ordinance was to be effective on December 1, 2019.
The petitioners seeking the injunction were the State of Texas and a cadre of business interests. Judge Peter Sakai heard oral argument on the request for a temporary injunction two weeks ago and granted that request in a letter ruling today. The court ordered that a date certain for a trial on the merits be set as soon as possible.
San Antonio’s efforts to enact a PSL ordinance have been challenged in litigation since July. The initial San Antonio Earned Paid Sick Leave Ordinance was to be effective August 1, 2019. On July 15, a lawsuit was filed seeking to enjoin its implementation The lawsuit raised a myriad of constitutional claims including that it was preempted by the Texas Minimum Wage Act. The plaintiffs and defendants had agreed to postpone the ordinance’s implementation until December 1, 2019. In October, the City Council amended the ordinance and renamed in the Sick and Safe Leave Ordinance. Today’s ruling temporarily enjoins implementation of the amended ordinance
In addition to San Antonio, Austin and Dallas have also enacted PSL ordinances. The PSL ordinance in Austin was enjoined a year ago. The City of Austin has asked the Supreme Court of Texas to review that decision. There is also a legal challenge pending to the Dallas PSL ordinance.