Judge Blocks Farmers Branch Ordinance
Let's just hand over the keys now.[:(!]
C&P:
A federal judge Monday blocked the Dallas suburb of Farmers Branch from enforcing a controversial ordinance that would bar most illegal immigrants from renting apartments.
U.S. District Judge Sam Lindsay granted a request for a temporary restraining order one day before the voter-approved ordinance was to take effect.
In a 20-page opinion, the judge wrote that the city's apartment measure pre-empts the federal goverment's power to regulate immigration.
"The court recognizes that illegal immigration is a major problem in this country, and one who asserts otherwise ignores reality," Lindsay wrote. "The court also fully understands the frustration of cities attempting to address a national problem that the federal government should handle; however, such frustration, no matter how great, cannot serve as a basis to pass an ordinance that conflicts with federal law."
Marisol Perez, a staff attorney with the Mexican American Legal Defense and Educational Fund, which along with the American Civil Liberties Union filed suit against the ordinance, said federal rules give the judge 10 days to extend his order or set a hearing to consider whether to impose a longer-running injunction.
"This opinion gives us an idea about how he feels about the matter. He is in line with what other judges around the country have found when faced with these ordinances," she said. "We'll see what happens next."
Perez said similar restrictions in other cities around the country have been blocked before going into force, either by restraining orders or injunctions or by agreement of parties in lawsuits challenging them.
Three groups of plaintiffs, including Hispanic residents, apartments owners and businesses, have brought federal lawsuits against Farmers Branch's attempt to bar illegal immigrants from renting apartments.
Lindsay wrote that landlords showed in papers submitted to the court in the last week that they would face irreparable harm by facing fines and losing business to neighboring cities. Tenants would be forced to relocate, change jobs or schools, "all harms that may not be remedied by monetary damages," the judge wrote.
Tim O'Hare, the Farmers Branch City Council member who spearheaded the ordinance, declined immediate comment on the judge's order.
Tom Bohmier, a leader of a residents' group supporting the immigration measure, said: "This isn't the decision we were hoping for." He said he was optimistic the city could make its case in later hearings on injunctions or the merits of the case.
Bohmier said he had hoped the judge would be influenced by the results of a May 12 election in which city voters approved the measure by a 2-to-1 margin.
Lindsay wrote that he was mindful that "both proponents and opponents of the ordinance are passionate about their positions and the policy implications," and he recognized that Farmers Branch voters overwhelmingly favored it.
"Public approval of the ordinance, by itself, does not guide the court as to whether the ordinance complies with the law," the judge wrote.
Also Monday, three Hispanic residents filed a federal lawsuit against the city of 28,000 to stop at-large City Council elections and force it to adopt single-member districts.
Activists said that under a district system, at least one Hispanic candidate would have been elected to the council this spring.
Hispanics make up about 40 percent of the city's population but Anglos hold the five council seats and the mayor's post. In the May 12 city election, a Hispanic candidate finished last in a three-man race for an open seat.
Opponents say the city is too small for single-member districts.
C&P:
A federal judge Monday blocked the Dallas suburb of Farmers Branch from enforcing a controversial ordinance that would bar most illegal immigrants from renting apartments.
U.S. District Judge Sam Lindsay granted a request for a temporary restraining order one day before the voter-approved ordinance was to take effect.
In a 20-page opinion, the judge wrote that the city's apartment measure pre-empts the federal goverment's power to regulate immigration.
"The court recognizes that illegal immigration is a major problem in this country, and one who asserts otherwise ignores reality," Lindsay wrote. "The court also fully understands the frustration of cities attempting to address a national problem that the federal government should handle; however, such frustration, no matter how great, cannot serve as a basis to pass an ordinance that conflicts with federal law."
Marisol Perez, a staff attorney with the Mexican American Legal Defense and Educational Fund, which along with the American Civil Liberties Union filed suit against the ordinance, said federal rules give the judge 10 days to extend his order or set a hearing to consider whether to impose a longer-running injunction.
"This opinion gives us an idea about how he feels about the matter. He is in line with what other judges around the country have found when faced with these ordinances," she said. "We'll see what happens next."
Perez said similar restrictions in other cities around the country have been blocked before going into force, either by restraining orders or injunctions or by agreement of parties in lawsuits challenging them.
Three groups of plaintiffs, including Hispanic residents, apartments owners and businesses, have brought federal lawsuits against Farmers Branch's attempt to bar illegal immigrants from renting apartments.
Lindsay wrote that landlords showed in papers submitted to the court in the last week that they would face irreparable harm by facing fines and losing business to neighboring cities. Tenants would be forced to relocate, change jobs or schools, "all harms that may not be remedied by monetary damages," the judge wrote.
Tim O'Hare, the Farmers Branch City Council member who spearheaded the ordinance, declined immediate comment on the judge's order.
Tom Bohmier, a leader of a residents' group supporting the immigration measure, said: "This isn't the decision we were hoping for." He said he was optimistic the city could make its case in later hearings on injunctions or the merits of the case.
Bohmier said he had hoped the judge would be influenced by the results of a May 12 election in which city voters approved the measure by a 2-to-1 margin.
Lindsay wrote that he was mindful that "both proponents and opponents of the ordinance are passionate about their positions and the policy implications," and he recognized that Farmers Branch voters overwhelmingly favored it.
"Public approval of the ordinance, by itself, does not guide the court as to whether the ordinance complies with the law," the judge wrote.
Also Monday, three Hispanic residents filed a federal lawsuit against the city of 28,000 to stop at-large City Council elections and force it to adopt single-member districts.
Activists said that under a district system, at least one Hispanic candidate would have been elected to the council this spring.
Hispanics make up about 40 percent of the city's population but Anglos hold the five council seats and the mayor's post. In the May 12 city election, a Hispanic candidate finished last in a three-man race for an open seat.
Opponents say the city is too small for single-member districts.
0
-
I'm sure that the judge found something in the Constitution that guaranteed criminals access to housing and social services.
I think it is in Article 666.0 -
I think that the ACLU always seems to show up in the wrong place. It never supports 2nd amendment freedom. That group has become more dangerous to American interests than the Klan, in my opinion. 0 -
Another judge, making law. Usurping the Rights, that is, RIGHTS of the people to legislate the law.
Doug0 -
...bites. I wonder just how big a lib the judge was?
...Almost 70% of FB residents voted in favor of this; because, when the Ccouncil approved it,...they whined for the chance to put it to the voters! And??...what don't these open borders, ACLU idiots NOT understand??
...One of the liberal/open borders group thinking of a suit against FB over the ordinance...is called "Let The Voters Decide"...well, they did (but NOT in their favor! Whine/handwring/snivel)...but the dippoop judge wants to legislate from the bench...[xx(]
0 -
]"Public approval of the ordinance, by itself, does not guide the court as to whether the ordinance complies with the law," the judge wrote."[/quote
This is legal jargon for in the eyes of the court your votes & opinions don't count.[}:)]
Trinity +++0 -
Senate has already passed the immigration bill, Bush will sign it if it makes it thru the House. Farmers Branch will have to comply. 0
Please sign in to leave a comment.
Comments
6 comments