Nemo Me Impune Lacessit

Friday, 1 March 2013

[LPNM] City Oversteps Bounds in Attempting Minimum Wage Enforcement

Filed under: Economics, Politics — Tags: , , , , , — mikewb1971 @ 10:26 PM (22:26)


Contact: Mike Blessing, State Chair
Alternate: Elizabeth Hanes, Press Secretary

[ALBUQUERQUE] – The Libertarian Party of New Mexico (LPNM) strongly condemns the decision by Albuquerque Mayor Richard J. Berry and City Attorney David Tourek to pursue legal action against Route 66 Malt Shop regarding wages allegedly not paid to an employee under Albuquerque’s minimum wage law.

“It’s not the city’s job to enforce wage and hour law,” said LPNM State Chair Mike Blessing. “This responsibility falls to the New Mexico Department of Workforce Solutions. In fact, the DWS website provides clear guidelines on how to file a claim. Why isn’t the city attorney directing the complaining employee to these proper resources?”

In various statements made to the media, Tourek has claimed the city flip-flopped on the issue of representing former employee Kevin O’Leary in an action against Route 66 Malt Shop because “no one was coming forward to help him.” Tourek had previously stated the city should not intervene in the dispute and that O’Leary’s only recourse was to “hire a private attorney.”

“The assertion that O’Leary – or any employee – with a wage and hour claim needs to ‘hire a private attorney’ in order to resolve the issue is patently false,” Blessing said. “First of all, the DWS provides a wage claim procedure specifically available to ‘any employee who cannot afford an attorney, and has not been paid his/her earned wages.’[i] Not only does DWS spell out on its website the exact procedure to be followed to make a wage claim, it provides a specific form for Albuquerque employees[ii]. Furthermore, any claimant can represent him– or herself pro se in an action against the employer in Metropolitan Court.”

Tourek claims the city’s decision to represent O’Leary is “an exception.”

“We can only ask ourselves why O’Leary should receive assistance from the powerful resources of the City Attorney’s office when so many other Albuquerque employees are denied such assistance,” Blessing said. “The bottom line is the city has no business intervening in a wage dispute, period, let alone doing so selectively – presumably based on the high-profile nature of the case.”

The LPNM opposes any mandatory minimum wage law as being contrary to the principles of free market economics.



Established in 1971, LPNM is the third-largest political party in the state. LPNM seeks to preserve personal liberty and freedom by opposing new or more restrictive laws, new or more expensive spending programs, and new or higher taxes. Guided by the Non-Aggression Principle, which opposes the initiation of force to achieve political or social goals, Libertarians promote peace, personal freedom, and unfettered capitalism.




  1. Original article
  2. Reposted –
    1. Personal blogs – Xanga / Yahoo!
    2. LPUSA / LPNMLPBC Blog / [LPNM-discuss] Yahoo! group
    3. The Weekly SeditionWordPress / Yahoo!
    4. Duke City Fix / Tea Party Nation

Copyright © 2013 Libertarian Party of New Mexico and Libertarian Party of Bernalillo County, New Mexico
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Random Shots for Thursday, 28 February 2013

Filed under: Random Shots — mikewb1971 @ 1:04 AM (01:04)

Today in history

Comments I’ve posted

  1. Posted to Facebook

    Proposal to outlaw the sale of raw milk in New Mexico

  2. Posted to Facebook

    I voted for Bill Koehler in the 2010 gubernatorial race. Might do it again in 2014.

    Martinez is backed by the same bunch that pimped for Heather Wilson and Mitt Romney.

  3. Re: If you didn’t have such curb appeal . . .

    Exactly right, Grim Reaper!

  4. Re: Dear Senator Cruz

    @blonde_apocalypse – The hoplophobes don’t really care about that. What they want is to set things up so that when your kids or grandkids retrieve those guns, they’ll be so terrified of being caught with them that they’ll turn them in right away without the slightest bit of resistance.

    See Sundown at Coffin Rock or the Gun Watch blog here

    They do not want to go door to door confiscating guns. They just want to make them illegal so that 40 years from now, when your nephew finds them, he will be “shocked” and will dutifully turn them in to police; terrified that he might somehow be held responsible for their presence.

  5. Posted to Facebook here and here

    New LPNM FB page, courtesy of Maureen Johnson

  6. Posted to Facebook

    Andrew, I suspect there’s more to it than that. I suspect that there are elements of both the Democrat and Republican Parties who would prefer something like medieval feudalism to what we have now, with themselves as the overlords and the rest of us as the serfs and peasants. One of things that stops them from going too far and too fast towards that end state is the fact that so many Americans are armed. Hence the push for victim disarmament style “gun control.”

    I cite the nomination proceedings and campaigns of Heather Wilson and Mitt Romney as evidence for this half-baked theory of mine.

    see also here

  7. Re: Berry Appears to be Anti-Second Amendment

    Good job on this post, Eye!

    The BCSO “buy-back” scheme isn’t a buyback at all, considering that the weapons turned in to BCSO weren’t obtained from Bernalillo County in the first place. You can’t buy back something that you never owned in the first place.

    What the BCSO / APD turn-in program truly amounts to is a way for Isaac Benton, Debbie O’Malley to “get guns off the streets,” which is code-speak from the victim disarmament crowd for getting guns away from private citizens.

    From what I’ve seen, APD isn’t offering a penny in compensation, but Benton wanted to appropriate $25K for the BCSO program, in addition to whatever the County is spending.

    One of my Libertarian Party guys said that he went to the February 19 ABQ Tea Party meeting, and Sheriff Dan Houston addressed the meeting about this “buyback” scheme. Houston was reported to be all in favor of letting other private citizens outbid the BCSO, but on the second occasion (Feb. 23), those citizens were told that they weren’t allowed into the parking lot by deputies present, specifically one Aaron Williamson.

  8. Re: Repeal the Second Amendment to Resolve Gun Issues

    @Midnight_Masochist – YES, you do have the right to say “No guns in my house.” Just as I have the right to insist that every guest at my home is carrying. What I object to is Mr. Bill, the “Table 54” troika, et al telling me “Mike, you and everyone else shouldn’t be allowed to own guns.” Which is what they’re doing, in a backhanded, smarmy way.

    @wordwarrior39 – The hoplophobes never to seem to get the idea that each of the rights enumerated in the Bill of Rights serves to support the others. It’s almost like I hear them ten years from now –

    “First they came for the people with guns, and I don’t like guns, so I cheered them on.”

    “Then they came for the people who homeschool their kids. It does take a village, so I cheered them on.”

    “Next they came for the people with SUVs and pickup trucks, which pollute too much and are just too big, so I cheered them on.

    “After that they came for the people who smoke too much. Smoking is gross, so I cheered them on.”

    “Then they came for the people who like kinky sex, which is icky and gross, so I cheered them on.”

    Several iterations later . . .

    “Now they’re coming for me! Why won’t anyone help me?”

  9. Posted on Facebook to the Albuquerque Pride page, the Gay New Mexico page, Southern New Mexico page

    Are there any LGBT people in New Mexico who support the Second Amendment?

  10. Posted to Facebook

    Chuck, here’s the incoherent excuse for “music” that started this –

    I prefer the chimp with the AK-47 –

    Or even the chimp with a machete –

    Those I could legally shoot.

    And the deer-in-the-headlights expression on his face in that picture is priceless.

  11. Shared a picture on Facebook –

    The Bush- / Clinton-endorsed Waco Massacre was a key factor in my awakening in the 1990s.

  12. Re: Repeal the Second Amendment to Resolve Gun Issues

    @TheSutraDude – It was plainly spelled out in The Federalist Papers, The Anti-Federalist Papers, and various letters by Thomas Jefferson, Patrick Henry, Richard Henry Lee, among others, that the “militia” was every able-bodied male between 16 and 60 years of age, and that they were to have the military arms of the day. They were to keep and maintain those weapons in their private possession. Back then it was a Pennsylvania rifle or Brown Bess musket. Now it’s an M4, AK-47, MP-5, MP7A1, something like that. In 1688, the Massachusetts Bay Colony had a statute that required you to be armed at all times, with your church pastor being authorized to search you 14 times a year during services – if you were found to be unarmed, they levied heavy fines, among other things.

    In 1939, the Supreme Court upheld the National Firearms Act of 1934 with the decision of U.S. v. Miller, where the court stated that a sawed-off shotgun wasn’t protected under the Second Amendment because it had “no military utility” and thus didn’t qualify as a “militia weapon.” That was a falsehood, as sawed-off shotguns were used in World War I in the trenches of the Western Front, but Miller had died before the case got to the Supremes, and Miller’s lawyer had disappeared.

    Since the M4, AK-47, Uzi, MP-5, FAL, MP-5, MP7A1, etc., etc. have been used by the world’s militaries, I suspect that they should qualify as “militia weapons” then, as they’ve been in military usage to varying degrees since the 1950s. Yet semi-automatic-only copies of these are the very sorts of weapons that you, Mr. Bill, etc., are complaining about being available to civilians.

    At this point, I don’t see either side on this issue convincing the other of much. America is at the same sort of point it was at in 1860 – the views are that divergent. We’re already in a civil war of sorts, only at present, it’s of the “cold war” sort. I just hope it doesn’t turn into the “hot” kind, but if it does, I’m not planning to pre-emptively surrender. What you’re calling for us to do is to surrender before the fact, going down the same sort of road as the Brits, Canadians, Aussies, etc., and that’s not going to happen, either.

  13. Posted to Facebook

    Have you read Unintended Consequences by John Ross? I can’t recommend it enough.

  14. Posted to Facebook

    Alcohol, Tobacco, Firearms and Explosives should not be a government agency. Instead, it should be a world-wide chain of Costco-style “big-box” wholesale mega-stores.

Listening / Reading / Watching

  1. H2: Quest for the Lost Ark
  2. Chicago: Louis Farrakhan: Gang Members Can Serve As Protectors
  3. Black-man-with-machine-gun-protests-Obama & LIBERAL IDIOTS TRY TO FIND A WAY TO PLAY THE RACE CARD
  4. Fox Business: Cavuto, Stossel
  5. FX: Archer
  6. FMC: The Road
  7. Adult Swim: Aqua Teen Hunger Force

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