Mayor John Cook welcomes lawsuit on benefits

By Marty Schladen \ El Paso Times

A police officer, her lesbian partner and the president of the El Paso police union are suing the city over an ordinance passed by voters ending health benefits for gay and unmarried partners of city employees.

Late Wednesday, County Court-at-Law 5 Judge Carlos Villa ordered the city not to try to enforce the new ordinance until a hearing can be held on Dec. 29.

The police union seeks to have the ordinance thrown out permanently, said Jim Jopling, the attorney who filed the suit.

But city leaders welcomed the suit.

"This is exactly what I'd hoped would happen," said Mayor John Cook. "Where it should be settled is in a court of law, not before the City Council."

The Rev. Tom Brown, who worked to put the new ordinance on the ballot, had the opposite reaction.

"I think it's terrible," he said. "Now it seems like the police union is going to thwart the will of the people."

At the beginning of 2010, the city offered health benefits to partners of city employees regardless of whether they were married or gay. Nineteen employees took advantage of the offer.

Saying that it promoted immorality, Brown, Field and others gathered thousands of signatures to put an ordinance ending the benefit on the Nov. 2 ballot.

"The city of El Paso endorses traditional family values by making health benefits available only to city employees and their legal spouse and dependent children," it said.

The initiative passed by 55 percent to 45 percent on Nov. 2 and immediately went into effect when votes were certified a week later. That seemed to end the domestic partner benefit.

On Nov. 10, Mayela Arizpe tried to sign up under the benefits plan for her partner, El Paso police officer Virginia Jimenez, but she was denied, the suit says.

The new ordinance is unconstitutional because it interferes with employees' right to contract with the city's insurer for health benefits, Jopling said.

In addition, the suit says, the wording of the ballot initiative does not contain the elements of an enforceable ordinance.

The initiative requires the city to endorse traditional family values and take away benefits for some employees' partners, Jopling said.

"There's no rational relationship between family values and taking people's insurance away," Jopling said.

After the ballot initiative passed, City Attorney Charlie McNabb said the city would also have to take benefits from those who are not legally city employees, including city representatives and retirees who can get benefits through another job -- more than 200 people in all.

City Rep. Susie Byrd feared that the police suit would seek only to restore health benefits to retirees who otherwise would lose them. She was pleased that it instead seeks to have the entire ordinance thrown out.

"It seems clearly meant to strip a class of people in our community of a benefit," Byrd said of the new ordinance.

Asked to say that in a word, Byrd said, "Discrimination."

Brown said it is up to the city attorney's office to vigorously defend against the suit brought by the police union. He said he would have to talk to attorneys he has been consulting with before deciding whether his group would intervene.

Marty Schladen may be reached at mschladen@elpasotimes.com; 546-6127.

source