LEWIS v. GOVERNOR OF ALABAMA

No. 17-11009.

896 F.3d 1282 (2018)

Marnika LEWIS, Antoin Adams, National Association for the Advancement of Colored People, Greater Birmingham Ministries, Marika Coleman, John Rogers, Priscilla Dunn, Juandalynn Givan, Louise Alexander, William Muhammad, Rodger Smitherman, Oliver Robinson, Alabama Legislative Black Caucus, Mary Moore, Plaintiffs-Appellants, v. GOVERNOR OF ALABAMA, in his Official Capacity as Governor of the State of Alabama, Attorney General, State of Alabama, in his Official Capacity as Attorney General of the State of Alabama, State of Alabama, the, Birmingham, City of, the, William A. Bell, Sr., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 25, 2018.


Attorney(s) appearing for the Case

Barbara Jane Chisholm , Eric P. Brown , Altshuler Berzon, LLP, San Francisco, CA, Richard Paul Rouco , Glen M. Connor , George Nicholas Davies , Quinn Connor Weaver Davies & Rouco, LLP, Edward Still , Edward Still Law Firm, LLC,, Birmingham, AL, Mary Joyce Carlson , Law Office of Mary Joyce Carlson, Washington, DC, Robert H. Stroup, , Levy Ratner, PC, Joe R. Whatley, Jr. , Whatley Kallas, LLP, New York, NY, for Plaintiffs-Appellants Marnika Lewis , Antoin Adams , National Association for the Advancement of Colored People, Greater Birmingham Ministries.

James Uriah Blacksher , Attorney at Law, U. W. Clemon , U.W. Clemon, LLC, Richard Paul Rouco , Quinn Connor Weaver Davies & Rouco, LLP, Edward Still , Edward Still Law Firm, LLC, Birmingham, AL, for Plaintiffs-Appellants Marika Coleman , John Rogers , Priscilla Dunn , Juandalynn Givan , Louise Alexander , William Muhammad , Rodger Smitherman , Oliver Robinson , Alabama Legislative Black Caucus, Mary Moore.

Andrew Lynn Brasher , James W. Davis , Steven Marshall , Alabama Attorney General's Office, William Glenn Parker, Jr. , David B. Byrne, Jr. , eOffice of the Govrnor, Montgomery, AL, for Defendant-Appellee Governor of Alabama, in his Official Capacity as Governor of the State of Alabama.

Andrew Lynn Brasher , James W. Davis , Steven Marshall , Alabama Attorney General's Office, Montgomery, AL, for Defendant-Appellee Attorney General, State of Alabama, in his Official Capacity as Attorney General of the State of Alabama.

Andrew Lynn Brasher , Steven Marshall , Alabama Attorney General's Office, William Glenn Parker, Jr. , Office of the Governor, Montgomery, AL, for Defendant-Appellee State of Alabama.

Fredric L. Fullerton, II , City of Birmingham Law Department, Kayla Lawrence, City of Birmingham Law Department, Birmingham, AL, for Defendant-Appellee Birmingham, City of, William A. Bell, Sr.

Samuel Jacob Brooke , Southern Poverty Law Center, Montgomery, AL, Miya Chen, Benjamin Beach, The Partnership for Working Families, Oakland, CA, for Amicus Curiae The Partnership for Working Families.

Jon M. Greenbaum , Dariely Rodriguez , Ezra D. Rosenberg , Thomas Samuel Silverstein , Lawyers' Committee for Civil Rights Under Law, Washington, DC, Michael N. Litrownik , Bromberg Law Office, PC, New York, NY, for Amicus Curiae Lawyers' Committee for Civil Rights Under Law.

Pamela S. Karlan , Stanford Law School, Stanford, CA, Joyce White Vance , University of Alabama School of Law, Birmingham, AL, for Amicus Curiae Susan Ashmore, Wayne Flynt , Hasan Jeffries , J. Morgan Kousser , Peyton McCrary , Patricia Sullivan .

Samuel Jacob Brooke , Southern Poverty Law Center, Montgomery, AL, for Amicus Curiae Southern Poverty Law Center.

Amy Farr Robertson , Civil Rights Education and Enforcement Center, Denver, CO, for Amicus Curiae Kasim Reed, Andrew Gillum , Karen Freeman-Wilson , Oliver G. Gilbert , III, Local Progress.

Deuel Ross , NAACP Legal Defense & Educational Fund, Inc., New York, NY, Amicus Curiae NAACP Legal Defense, Educational Fund, Inc., Campaign Legal Center.

Albert Loring Vreeland, II , Lehr Middlebrooks & Vreeland, PC, Birmingham, AL, for Amicus Curiae Alabama Retail Association, Business Council of Alabama, Alabama Restaurant & Hospitality Association, Alabama Grocers Association, Alabama Policy Institute, National Restaurant Association, Asian American Hotel Owners Association, National Federation of Independent Business.

Before WILSON and JORDAN, Circuit Judges, and CONWAY, District Judge.


For a single day in February 2016, Marnika Lewis and Antoin Adams secured a pay raise. The Mayor of Birmingham, Alabama, William Bell, had just affixed his signature to Birmingham Ordinance No. 16-28, which guaranteed Lewis, Adams, and all other wage earners in the city $10.10 per hour. But the following afternoon, Alabama...

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