Breakthrough for Congress
"The Democrats’ ascension to power in the House and Senate will
create both challenges and opportunities for the club industry in 2007," reports
Andrew Fortin, a Washington,
DC-based club attorney. "Despite reports of impending gridlock, I think
you will see a 'race to the middle' as each party tries to gain the high ground
before the 2008 election cycle."
Among the
positives? A democratic controlled Congress will be more likely to support and
pass comprehensive immigration reform legislation which will help ensure that
clubs will have access to qualified workers now and in the future. Access to
qualified workers is an issue that will soon touch all clubs and ensuring
access to legal, qualified workers is a critical issue for our industry.
On the down
side, the two most important committee chairmanships in the House (Judiciary
and Ways and Means) will now be held by members who have been strong supporters
of anti- club legislation. Both incoming Judiciary Chair John Conyers (MI) and
Ways and Means Chair Charles Rangel (NY) were cosponsors of anti club bills
support by Martha Burke and the National Council of Women's Organizations.
These committees have jurisdiction over tax issues (Ways and Means) as well as
the ability to shape association rights (Judiciary).
The defeat of
Senator Jim Talent in
Additionally, the
Democrats have made raising the minimum wage a center piece of their agenda.
Expect this to be one of the first issues to be voted on in 2007. Although
President Bush will threaten a veto, don't be surprised if he ends up endorsing
an increase.
Environmental
issues will also reemerge under the new democratic majority. From worker
safety, chemical usage/notifications issues, water usage restrictions and
perhaps new levies on commercial energy use (to combat global climate change)
are all likely to get a thorough vetting.
Club's can
also expect to see some impact from the many state ballot initiatives that were
decided in this cycle.
The issue of
spousal rights and same-sex marriage seems to have reached a plateau with the
latest round of state ballot initiatives.
In another
series of ballot initiatives, 6 states (AZ, CO, MO, MT, NV and OH) all approved
increases in the state minimum wage to levels well above the federal level. All
of these initiatives passed by substantial margins which supports the notion
that any veto threat by President Bush on a federal increase will be a hollow
threat.
As our
industry learned in the events surrounding the Deepdale Golf Club, private
clubs are not immune from the abuse of eminent domain power by local
governments. The good news in the 2006 elections is that voters in 8 states
(AZ, FL, MI, NV, ND, OR AND SC) approved bans on seizures of private property
for transfer to another private entity.
The change in
the power structure in the U.S. Congress will certainly create some challenges
for our industry and its agenda. At the same time, by breaking the GOP's hold
on power it may create a positive environment for consideration of a whole host
of policies as the GOP now has a reinvigorated competitor. Expect a minimum
wage hike almost immediately in 2007, and be on the look out for attacks
against club privacy rights. At the same time, we can be hopeful on progress on
issues ranging from heath care to immigration. The outcome is one we as an
industry can guide with our activism.
Andrew
Fortin is an attorney and advocate who works to promote freedom of association
rights in