The City of Portland passed hazard pay effective today, and it is now the law of the land. It is the people we elected who oppose it and, in so doing, refuse to represent us. Instead, they rep the city attorney whose “letter of the law” reading undermines the intent of the law.

The City is not a court, and no court in the land will uphold the letter of the law over the intent of the law. That’s why the phrase “following the letter of the law” Is used pejoratively. Many laws are not upheld to the letter because trying to do so would be ridiculous.

In a labor organizing campaign, when a boss throws the book at you, you throw it right back by “working to rule” which means following every policy and procedure such that it slows down production, in order to demonstrate that contracts must be bargained in good faith.

So, the point: for those of you inclined to analyzing legal documents, I challenge you to read a section of the city code for “letter of the law” arguments that give rise to ridiculous outcomes if one were to strictly follow the letter of the law, rather than the intent.

For starters I would direct you to the section on “Garbage, Wastes, and Junk.” http://portlandmaine.gov/DocumentCenter/View/1076/Chapter-12-Garbage-Wastes-and-Junk---Revised-10212019

And while we’re on that topic: https://www.pressherald.com/2020/12/06/employers-grapple-with-hazard-wage-some-pay-others-dont/