Ninth Circuit Holds ERISA Does Not Preempt San Francisco Health Care Security Ordinance

On September 30, 2008, a three-judge panel for the Ninth Circuit Court of Appeals ruled that the San Francisco Health Care Security Ordinance was not preempted by the Employee Retirement Income Security Act.  Golden Gate Rest. Ass'n v. City & County of San Francisco, No. 07-17370, slip op. (9th Cir. Sept. 30, 2008).  This ruling reversed a district court decision that previously held that ERISA preempted the Ordinance.  The Ordinance has been in full effect since January 9, 2008, due to the same panel granting a stay of the district court order until it decided the issue on appeal.  Please find a summary of the panel's ruling attached.