More Join Lawsuit Against City Over Benefits; Lawyer Calls Pastor A ‘Hater’

Thursday, there were three.

Friday, the number of people suing the city to keep their health benefits grew to nine.

The attorney for the El Paso Municipal Police Officers Association – which is representing the plaintiffs – said the addition of five municipal judges and a retired deputy police chief makes their case stronger.

Their argument is that the ordinance denying benefits to domestic partners is “vague, makes no sense and can’t be enforced.”

“This case has invoked problems for different kinds of employees,” said Combined Law Enforcement Agency’s Attorney, Jim Jopling.

People such as Sylvia Aguilar – who served 25 years in the El Paso police department – is retired and is now chief deputy with the El paso county sheriff’s office could lose benefits under the new ordinance.

As a retiree who could be covered by her current employer, the city says she stands to lose her benefits come January 1.

The city said elected officials such as municipal judges would also lose health coverage.

“I think its good to have plaintiffs from each one of those classes,” Jopling said.

Jopling said Aguilar and the five municipal judges are building a stronger case against the ordinance, he calls unconstitutional.

“You can never go wrong coming down on the side of the constitution, coming down on the side of freedom and equality and inclusiveness, you can always go wrong when you hate and when you discriminate,” Jopling said.

Pastor Tom Brown, who spear-headed the voter approved referendum said, “I think they’re trying to purposely muddy the waters by confusing the whole issue.”

Municipal judges are elected and could be considered non-city employees possibly losing their health benefits all together depending on the interpretation of the law.

“I really believe it all comes down to the lawsuit trying to restore the domestic health benefits and it’s sad they’re lumping that group in there,” Brown said.

Jopling says, “Tom Brown is a hater as far as I’m concerned. The only reason he started this whole process is because he hates people, and he was too chicken to draft a ballot measure that made it clear who he wanted to discriminate against.”

A judge has already filed a temporary restraining order, meaning the city will be kept from putting the new law into effect on Jan. 1. The order is good for 14 days.

On Dec. 29, Jopling will try and it extend the restraining order to the date of the final trial…calling off the ordinance until then.