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Charter Cities Challenge Legislation Restricting Access to State Funding Based on Compliance with Prevailing Wage Law

Legal Alerts

Cities Sue State Calling SB 7 an Unconstitutional Restriction on Municipal Affairs

FEBRUARY 25, 2014

Several California charter cities challenged the constitutionality of Senate Bill 7 (SB 7) last week by filing a writ of mandate and complaint for declaratory and injunctive relief against the state in San Diego County Superior Court. SB 7 was recently passed by the legislature to require charter cities to adopt and comply with prevailing wage requirements equal to or greater than state standards as a condition of receiving state funding on future public works projects.

The challenge in City of El Centro v. Lanier claims that SB 7 is an unconstitutional restriction on access to state funding based on how charter cities conduct their constitutionally protected municipal affairs involving public works construction, including the setting of wages for public works projects. The charter cities in the suit are seeking a writ of mandate directing the state to cease all efforts to enforce SB 7 against charter cities, a determination that SB 7 is unconstitutional, and an injunction restraining enforcement of SB 7. BB&K will monitor this case and report further details as they become available.

For more information about this case or SB 7, please contact the attorney authors of this legal alert listed at right in the firm’s Municipal Law and Special Districts practice groups, or your BB&K attorney.

Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

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