Posted on 11/01/2006 4:46:09 AM PST by radar101
HAZLETON, Pa. - A federal judge on Tuesday blocked a Pennsylvania rental law similar to a new Escondido ordinance that would fine landlords who rent to illegal immigrants.
U.S. District Judge James Munley ruled that landlords, tenants and businesses that cater to Latinos faced "irreparable harm" and issued a temporary restraining order. He said it was "in the public interest to protect residents' access to homes, education, jobs and businesses."
The city of Escondido recently adopted its own ordinance modeled on parts of the Hazleton law, and the North County city faces legal challenges of its own if the law goes into effect as scheduled this month.
Last week, the American Civil Liberties Union of San Diego and Imperial Counties offered Escondido one last chance to repeal the measure before it files a legal challenge.
Escondido City Attorney Jeffrey Epp said that the Pennsylvania court's decision would not immediately alter the city's plan to bar landlords from renting to illegal immigrants. The measure is set to take effect Nov. 18.
"I'm not sure what effect, if any, it will have on our approach," Epp said. "We're taking it one step at a time. And the first step is to get our legal team fully assembled."
The City Council is scheduled to meet today with law firms in closed session in order to discuss legal strategies and decide who might represent Escondido in the event of a lawsuit.
In Hazleton, a small hillside city in northeastern Pennsylvania, the evidence suggests many Latinos - illegal or otherwise - have left since that city's law took effect.
The exodus has hobbled the city's Latino business district, where some shops have closed and others are struggling to stay open.
"Before, it was a nice place," said Elvis Soto, 27, a variety store owner who came to the United States from the Dominican Republic a decade ago. "Now, we have a war against us. I am legal, but I feel the pressure also."
The ordinance, approved by the Hazleton council in September, imposes fines on landlords who rent to illegal immigrants and denies business permits to companies that give them jobs. The law empowers the city to investigate written complaints about a person's immigration status, using a federal database.
Hazleton Mayor Lou Barletta, chief proponent of the new law, contends that illegal immigrants have brought drugs, crime and gangs, overwhelming police and municipal budgets. He announced the crackdown in June, a month after two illegal immigrants from the Dominican Republic were charged in a fatal shooting.
Opponents sued Hazleton on Monday to block the law and a companion measure, saying they trample on the federal government's exclusive power to regulate immigration.
The ordinances "are nothing more than an officially sanctioned witch hunt," said Cesar Perales, president of the Puerto Rican Legal Defense and Education Fund, a group representing plaintiffs in the case. They include the Hazleton Hispanic Business Association, several illegal immigrants, landlords and a restaurateur.
Similar charges have been leveled against Escondido's ordinance, which has prompted demonstrations and outcry from opponents and supporters. Supporters of the ordinance say illegal immigrants are strangling the city's resources and devaluing neighborhoods. Opponents say the new law illegally targets Latinos and is rooted in racial and cultural prejudice.
In Hazleton, a second ordinance would require tenants to register their name, address and phone number at City Hall and pay $10 for a rental permit. Landlords who fail to make sure their tenants are registered can be fined $1,000, plus a penalty of $250 per tenant per day. The goal is to discourage illegal immigrants from even trying to rent in Hazleton.
A 32-year-old Mexican who slipped into the United States nine years ago to find work said he has no intention of registering.
"What is the mayor gaining by this law? I'm not a drug trafficker, I don't run around in gangs. I do my job and I go home to my family," said the married father of two, who spoke on condition of anonymity because of his immigration status.
Pennsylvania native Kim Lopez and her husband, Rudy, a Mexican immigrant, closed their grocery store Oct. 1 after business tailed off dramatically over the summer. They lost more than $10,000 - their life savings.
"Everyone was running scared and left town," said Lopez, 39. "We had customers who came in who were legal citizens and they didn't want the harassment and hassle and told us they were leaving."
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
When are we sheeple going to get tired enough of judges ruling us that we do something to change this? Whatever happened to Lincoln's "government of the people, by the people, and for the people" when a judge can throw out what the people have voted for? This is not a republic, but a dictatorship of unelected judges appointed by presidents, and we suffer their rulings for decades after the presidents who appointed them have left office. This must change.
The ruling is flawed. No tenant has the "right" to force his tenancy on others, regardless of education and employment opportunities. An immigrant has no "right" to even be in the USA. It is a privilege... a privilege I would extend to more immigrants than some of your ... but still a privilege.
On the other hand, the property owner does have the "right" to do what he wants with his own property. Unfortunately, the ruling is based on penumbra seen by other judges in the past 50 years that has set precedents for this judge to do something not based in the constitution, nor in the principles of the constitution.
Don't tell me... Munley's a Toon appointee, ain't he?
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
I do not like this particular ordinance. It's Big Brotherism at its worst. It's one thing to forbid renting to illegal aliens, but to require every damn renter to register with the city is on a par with requiring every firearms owner to register with the police.
Thomas I. Vanaskie (Chief Judge) (Scranton) (nominated by William J. Clinton in 1994; appointed Chief Judge in 1999); A. Richard Caputo (Scranton) (nominated by William J. Clinton in 1997); James M. Munley (Scranton) (nominated by William J. Clinton in 1998);
Well, for all those who have decided to "punish" Republicans and stay home on Nov 7th, you can expect more of the same.
Why then, force pilots to file a flight plan?
Why then. force backpackers in wildeness areas to get permits to enter?
Why? It is a safety measure. If you don't show up, someone goes looking for you.
PLUS--This could be made "Confidentail Information", like Criminal Records in California.
They aren't. If all pilots were forced to file a flight plan, the air traffic control system would collapse from paperwork-blocked arteries.
Why then. force backpackers in wildeness areas to get permits to enter?
The backpackers are not required to provide their name, address, and phone number.
Why? It is a safety measure. If you don't show up, someone goes looking for you.
Funny you should put it that way. Registering your firearms with the local police is touted as "a safety measure." And then, when your guns are suddenly outlawed under an "ugly gun" ban, why, the cops will know exactly where to look.
As I said, outlawing renting to illegal aliens is one thing. Requiring ALL renters to register with the government is something else entirely. What comes next?
PLUS--This could be made "Confidentail Information", like Criminal Records in California.
And it will, of course, never be misused by the government you entrust it to. Those who would give up their freedom to gain a little security will end up being very unfree and still not having any more security than when they started.
These federal judges need to be removed immediately from office, placed under arrest and prosecuted and then impeached for not carrying out their sworn promise to defend the Constitution and federal law.
Asset forfeiture laws need to simply go away.
I agree. But currently they are in place and maybe some slumlord who has a piece of property that needs extensive renovation ought to test in conjunction with the local sheriff office and DA. THAT would cause a BIG uproar!
We suspect of others what we know about ourselves
Simply enforcing existing occupancy codes would have a significant effect.
Time to inspect all the rental properties for heath and building code violations.On a weekly basis.
The federal government refuses to enforce the immigration laws. As a consequence, towns and cities are overrun with illegals and the attendant strain on schools, police, and infrastructure. In an attempt to protect themselves towns pass laws intended to discourage illegals from residing there. A federal judge rules the town must protect residents' access to homes, education, jobs and businesses. What the hell is going on in this country?
An immigrant has no "right" to even be in the USA.
We're talking about *illegals*, not to be confused or grouped with *legal* immigrants and/or Latinos. The term *resident* is improperly used.
Elected representatives are just quaint arcane windowdressings, existing to give cover to our unelected elitist law-givers.
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