The city of Madison still has the right to set its own minimum wage, following a ruling Thursday by a Dane County Circuit Court Judge.
Judge Maryann Sumi dismissed the lawsuit filed by the Main Street Coalition for Economic Growth, although the group's president, Ed Lump, said the decision will undoubtedly be appealed.
\We are disappointed,"" Lump said. ""I would imagine most retailers doing business in the city will be disappointed in the decision.""
The Coalition had argued that Madison's minimum wage ordinance impermissibly extended beyond the city's borders because anyone who performs work in Madison must be paid Madison wages, even if the employer's location lies outside of the city. However, Sumi wrote in the judgment that although the city's ordinance is clear in its language in only regulating work within the city, it is not an illegal ordinance.
""This is great news for the hard-working families of Madison,"" Mayor Dave Cieslewicz said.
""We're glad that the court supported our decision,"" Cieslewicz Spokesperson George Twigg said. ""We will continue to fight to protect our minimum wage whether there are further court challenges or whether there are challenges to it at the state level.""
The state Senate has already passed legislation that would pre-empt local governments from setting individual minimum wages. That bill needs to be approved by the Assembly before going to Gov. Jim Doyle's desk. The governor has said he prefers to set the minimum wage at a statewide level.
Lump said the Main Street Coalition also favors setting the minimum wage statewide.
""We think it is terrible economic policy to have a patchwork quilt of minimum wages throughout the state,"" he said. ""Some businesses right across the street from each other can pay lower wage rates and thereby charge lower prices.""
However, Sumi argued in her judgment that this was not an issue for the court to decide.
""People may disagree about when and whether the minimum wage should increase, but that political and policy choice is not the court's prerogative,"" Sumi wrote.
