Thread: Another sign our court system has gone mad

NY Town to Pay Legal Fees for Day Labors
By JIM FITZGERALD

The Associated Press

June 11, 2007

A suburban village found guilty of discriminating against Hispanic day laborers has tentatively agreed to prohibit police from routinely asking the workers about their immigration status, the plaintiff's lawyers said Monday.

In addition, the Village of Mamaroneck must pay more than $500,000 of the workers' legal fees, the attorneys said.

The workers 'have sought from the village nothing more than to be left alone and be allowed to seek work,' said their lawyer, Alan Levine. 'It is sad that it took a lengthy and costly lawsuit to establish such a fundamental right in Mamaroneck.'

Village attorney Lino Sciaretta confirmed that an agreement had been reached but said he could not comment before it was ratified. The village Board of Trustees was to meet Monday night.

Because it would be a federal court-approved settlement, the agreement could influence the treatment of day laborers elsewhere around the country, where they have become an increasingly visible symbol of the immigration issue.

Cesar Perales, president of the Puerto Rican Legal Defense and Education Fund, which represented the six Hispanic plaintiffs, said national immigration legislation could prevent future conflicts like the one in Mamaroneck.

'The court upheld the fact that immigrants have protection from harassment and discrimination,' he said. 'A strong immigration bill will re-emphasize that fact with these local officials who think they can step on anyone's rights.'

Mamaroneck said its resources were being strained by the day laborers, and argued that it was only enforcing existing laws when it beefed up the police presence and set up traffic checkpoints that inconvenienced the contractors.

Federal Judge Colleen McMahon ruled in November that the village, which is 23 miles north of New York City, discriminated against Hispanic day laborers when it closed a hiring site, forcing the workers onto the streets, and then stepped up police patrols on the streets.

'The fact that the day laborers were Latinos, and not whites, was, at least in part, a motivating factor in defendants' actions,' the judge wrote.

While finding the village liable, McMahon did not immediately impose a penalty, instead ordering the two sides to come up with recommendations in 10 days.

That was seven months ago, and the two sides have been meeting on-and-off since then, repeatedly winning extensions from the judge. The current deadline is June 20.

A call to Mayor Philip Trifiletti, a defendant in the lawsuit, was not immediately returned. Another defendant, police Commissioner Edward Flynn, was on vacation, his office said.

The defense fund said the agreement includes 'specific prohibitions on police misconduct and discriminatory behavior toward day laborers, including a prohibition against routine police inquiry into the immigration status of day laborers.'

It said a monitor, to be appointed by the judge, would ensure that the village complies. And it said the plaintiffs' lawyers would receive $550,000 from the village.

Not part of the agreement, but possibly a key element in reaching it, was the announcement last week by the Hispanic Resource Center that a new hiring site for day laborers is to open Tuesday in Mamaroneck on private property.


http://www.topix.net/content/ap/2007/06 ... day-labors

Our judges are supporting illegals instead of Americans. the federal judge should have ICE check the status of the day workers instead of punishing the town.

I think the village should appeal the decision.

Dixie

I'm going to find out more about this judge and if she was appointed or elected. I'll post whatever I can dig up. On second read of this article, I she that she's a federal judge so she was likely appointed. Nevertheless, I'ss see if I can find an address or phone number for her.

I fear our best times are behind us!

I spoke to the town's secretary and she said that the federal court decision against the town was rendered a year ago and that the town has completed the consent decree issued against it which required paying the attorney's fees of the "day laborers". It is not clear to me yet who is footing the bill yet for the "day laborer" (aka illegal aliens) center. I placed a call to the town's attorney and got his voice mail. Anything else I learn I will update this posting. Perhaps an entire copy of the consent decree can be obtained.

Moved to News Section

'The court upheld the fact that immigrants have protection from harassment and discrimination,' he said. 'A strong immigration bill will re-emphasize that fact with these local officials who think they can step on anyone's rights.'

Ahhahhh!
Another clever play on words to spin the truth backwards!
What about the fact that the plantiffs were not truly immigrants, but illegal immigrants? Where is the logic in applying a right to protection under the law to someone outside the law? Doesn't speak very well of the thought processes of this so-called judge! I'm sure the attorney argued racial profiling was a mitigating factor!

Mamaroneck, three words, APPEAL, APPEAL, APPEAL!

Originally Posted by Pistov

I fear our best times are behind us!

Have heart, Pistov, this is the American way, using our system to fight for what we believe. It's the greatest show on earth! We will win becuase those who lie will suffer in the end.