Spare
Goliath
Maryland's "Wal-Mart law" is a bad idea that doesn't
deserve a second chance.
Monday, July 24, 2006; A18
MARYLAND'S state lawmakers thought they were David fighting Goliath this year
when they passed a law aimed at Wal-Mart Stores' employment policies. But a
federal judge found last week that David missed his shot. The Maryland
legislature's law, which required the mega-merchandiser to spend at least 8
percent of its payroll on health care for its workers, conflicted with federal
statute, the court ruled.
State Senate President Thomas V. Mike Miller (D-Calvert), who described the
legislature's election-year battle against Wal-Mart as a fight between good and
evil, is promising to redraft the legislation and pass it again. He should spare
the state another round of his ill-advised battle with this corporate giant.
According to U.S. District Judge J. Frederick Motz, the legislation contravened
the federal Employment Retirement Income Security Act, which prohibits states
from setting employee health and pensions standards that would keep multi-state
companies from maintaining uniform benefits programs across state borders. But
even if Mr. Miller could find a way to draft a legally viable version of the
law, he still shouldn't reintroduce the measure.
Targeting a single company because it's unpopular -- or, as Mr. Miller
implied, because it's buying political protection with "contributions to the
Republican Party" -- is a misuse of governmental power. And repassing the law
would have nothing to do with solving the problem of rising state health-care
costs. Compared to the national average, Wal-Mart employees are only a tad more
likely to collect state-sponsored Medicaid benefits, and many other employers in
Maryland keep their health benefits similarly low. About 800,000 Marylanders
don't have health insurance, and most of them don't work at Wal-Mart.
Massachusetts, a state that is trying to responsibly address rising health-care
costs, hasn't resorted to preying selectively on its large employers. Neither
should Maryland.
© 2006 The
Washington Post Company