Howard Fischer
PHOENIX — The Arizona Restaurant Association’s bid to convince voters to let them pay their workers less is so misleading, it should not be allowed on the ballot, according to an attorney for foes.James Barton is telling the Arizona Supreme Court it should block Proposition 138 from going to voters. The key, he said, is it’s being sold as the “Tipped Workers Protection Act,” the title proposed by restaurant owners and incorporated by the state lawmakers who agreed to put it on the ballot for them.Only thing is, said Barton, if it’s approved, restaurants could pay their tipped workers less than they do now.”The court has the power to intercede on the people’s behalf when a fraud on the electorate is being perpetrated,” Barton said in new legal filings.He made the same arguments before, only to be rebuffed by Maricopa County Superior Court Judge Peter Thompson, who ruled there is nothing inherently misleading about the measure. The judge said it could be construed as protecting tipped workers, because providing financial relief to restaurants could allow them to keep more of them on the job.
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