Lincoln firm may help housing commission

Journalstar.com ^ | 5-2-2008 | Nancy Hicks

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The Nebraska Equal Opportunity Commission has no way to pay for outside legal advice in its dispute with Attorney General Jon Bruning.

But a Lincoln law firm that handles civil rights cases might step in to help the state agency that investigates employment, housing and public accommodation discrimination cases.

“This issue needs to be decided. We would be willing to file suit so a judge can order Jon Bruning to do his job,” said Kathleen Neary, an attorney with Vincent M. Powers & Associates.

Neary said she and Powers would be willing to represent the NEOC in court if the agency can’t get permission to pay for outside legal counsel.

The NEOC board agreed April 23 to hire an outside attorney to advise board members in their fight with Nebraska Attorney General Jon Bruning.

The NEOC and Bruning have been at odds for several years. Several weeks ago, the two seemed near an agreement until Bruning said he would never handle cases involving illegal immigrants.

State and federal law discrimination law don’t distinguish between legal residents and illegal immigrants. But Bruning says he is following another federal law that says no state or local benefits can go to illegal immigrants.

The NEOC is in jeopardy of losing about $240,000 in federal funds for housing discrimination cases unless the agency works out an agreement with Bruning.

The attorney general also says state agencies can’t hire outside legal counsel without the approval of either him or the governor.

Bruning has said he won’t give his consent. Gov. Dave Heineman said Thursday he won’t authorize outside legal advice right now because he doesn’t think one state agency ought to be suing another.

Heineman said he is cautiously optimistic the two can reach an agreement. The governor, who helped set up earlier talks, said there are “ongoing conversation” looking for “common ground.”

State treasurer Shane Osborn says he has to honor the attorney general’s advice. Without agreement from either Bruning or Heineman, he said, he won’t authorize payment to any outside law firm, even if the money comes from federal funds. Osborn notified the NEOC of his decision in an April 24 letter.

“I’m being advised by legal counsel (the attorney general) that we shouldn't do it (issue warrants),” he said in a telephone interview.

Lincoln attorney Neary pointed out that federal and state laws provide protection for everyone from discrimination, not just legal residents.

But the issue goes beyond the debate on undocumented people. Bruning also failed to file civil suits on housing cases in which immigration status was not an issue, Neary said.

What about 38 other cases forwarded to the attorney general’s office, she asked, referring to the number of housing cases the NEOC says it sent to Bruning over the past few years.

Forty percent of those cases related to alleged discrimination against people with disabilities, according to NEOC statistics.

Eighteen percent were based on national origin and 14 percent on family status (usually involving children or marital status).

Neary said pregnant women, families with children, disabled people — “the most vulnerable” face discrimination.

“How he can sit by and not do what the law requires him to do is beyond me,” she said.

“It is not his job to overturn the mandate of the people and the policies of the state,” she said.

The Lincoln law firm would take the case even if the state refuses to pay. But under federal law the prevailing party is awarded reasonable attorney fees, so the firm would be paid if it wins, she said.

“Bruning won’t do his job. He’s even afraid to find out what the law is,” she said.

“This case just needs to be litigated.”