PHOENIX — A judge this afternoon refused to immediately block the voter-approved hike in the minimum wage from taking effect as scheduled next year.
But he did agree to consider the legal arguments in depths this coming Tuesday.
Maricopa County Superior Court Judge Daniel Kiley rejected claims by challengers that leaving the law in place before the full-blown hearing on its legality will cause hardship for employers.
"We're two weeks out from the holidays, two weeks out from January 1st,'' attorney Brett Johnson told the judge.
"If employers are going to think this statute is actually constitutional, they're making business decisions right now as to whether to lay off people on Monday,'' he told the judge. Johnson said a ruling now putting the law on hold would mean that "over the weekend there's not rash decisions made based off of Proposition 206.''
And Johnson said he presumes that, after a full-blown hearing, Kiley will agree the measure is unconstitutional
Kiley, however, said there's no basis for him to even consider whether to delay enforcement on the law.
If nothing else, the judge noted that the challenge was filed only a day earlier. He said that means those defending the law — including both the attorney general's office and Proposition 206 supporters — have not had a "fair opportunity'' to respond to the allegations.
"And it's unreasonable to expect them to,'' Kiley said.
Nothing in today's action gives any hint on whether the judge believes the charges by the business interests who sued that what voters approved is unconstitutional.
