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Immigration law backers conduct rally


By Mary Shapiro

Waving American flags as drivers passing by on Highway 141 at Helfrich Road Sunday, Oct. 15, honked their horns in support, Lionel Hall and Carla Peeler of Valley Park said they felt duty-bound to rally around their city.

"Back when I served during the Korean War, I supported my town and country, and I'm here to continue to support them," said Hall, a former alderman, who was wearing his Valley Park American Legion Post 439 hat.

Peeler also was supporting her town.

"I know of a house where there are about 30 illegal Mexican immigrants living, and that's not right," she said.

Nearby, someone held a sign stating "Washington, D.C. has sold us out - God bless Valley Park."

Wildwood resident Janet Renner, members of her Missourians Against Illegal Immigration group, and area residents held a "Standing Strong for Valley Park and America" rally. They did so to support Mayor Jeff Whitteaker, the Board of Aldermen and the city's law relating to illegal immigrants, even though recent court orders have delayed the law's enforcement.

Renner told those at the rally that "by your presence today, we are sending a powerful message from the grassroots of Valley ParkÂ…Â…..We are standing strong for the rule of law."

Whitteaker, who turned out for the rally himself (though it was not city-sanctioned), said he "wants to show support for a group trying to help Valley Park protect America."

He said he was "disappointed in court rulings (delaying enforcement of the law), but Valley Park will not give up. We will continue to fight on for justice."

"I'm proud we have residents and neighbors coming out to support the city," Whitteaker added, though he admitted to the crowd, "this will be a long, hard battle."

Valley Park aldermen also were on hand.

"I hope that eventually, judges rule in favor of what's right for this country," said Sandy Conches of Valley Park.

Harold Tubbs of Valley Park praised city officials "for crawling out on a limb pretty far (with the law). If we have to, we'll start a fund to pay for the lawyers we need."

"I hope the city isn't getting itself in too deep," said Bob Funk of Valley Park. "Also, there are a lot of good people coming into this country legally, and I support them."

Wearing an American flag jacket, hat and shoes, Kevin Ward of Valley Park insisted, "It's important that this city's law is upheld."

"There are illegals renting in my area who don't speak English but are taking American jobs and wages," said Matt Bowen of Valley Park.

Others from nearby communities joined in.

"Too many tax dollars are used to pay for education for people who aren't in this country legally," said Kris Von Ahn, 17, of Fenton, a senior at Rockwood Summit High School. He held a sign stating "Illegals in, wealth out."

And Nick Ivanovich of Kirkwood, son of an immigrant from the former Yugoslavia, said, "There is a process for immigration. My dad came over legally, which is a long road but honorable."

"I was encouraged by the turnout," Renner said. "We had about 75 people at one time or another during the rally, and that there were people from not just the local area but also from North County, South County, New Melle, Union, Wood River, Ill., Pacific and elsewhere.

"We would like to hold more rallies in the future, though we haven't got a date in mind yet. The energy and commitment of those who came are the motivating factor to be more vocal and increase the numbers at rallies."

Ricardo Meza, regional counsel for the Mexican American Legal Defense and Educational Fund, in a recent letter to City Attorney Eric Martin, contended the city's law has had "far-reaching negative consequences on both residents and businesses within and outside of Valley Park."

He said the law "encroaches on the fundamental rights of these individuals and businesses."

Martin, in a response to Meza, wrote that any accusation of profiling, harassment and improper searches conducted by the St. Louis County Police Department (which serves the city under contract) "are false and inaccurate."

Nobody has been charged or warned under either version of the law, Martin has said.

The original law regarding illegal immigration was passed July 17 and, among other things, made English the city's official language; prohibits illegal aliens from leasing or renting property in the city; and bans any property owner or renter in control of property from renting to illegal aliens.

A lawsuit challenging the law was filed Sept. 22 in St. Louis County Circuit Court by Valley Park landlords Stephanie Reynolds, Florence Streeter and Jacqueline Gray and the Metropolitan St. Louis Equal Housing Opportunity Counsel Inc. against the city, Whitteaker and the Board of Aldermen.

County Circuit Court Judge Barbara Wallace issued a temporary restraining order Sept. 25 against the law's enforcement.

Those same plaintiffs filed an amended complaint to the same lawsuit Sept. 27, a day after Valley Park aldermen rescinded the July law and passed a revised version to try to address complaints in the initial lawsuit. Again, Wallace issued a temporary restraining order Sept. 27 against the second law.

The lawsuit contends that, among other things:

> Both versions of the city's law are unconstitutional.

> They conflict with federal immigration law.

> They were enacted in excess of the city's authority.

> They violate the federal Fair Housing Act.

> They would penalize city employers and landlords who employ or provide housing to illegal aliens.

The plaintiffs also contend the laws are "arbitrary and unreasonable" because, among other things, they have caused landlords to lose some tenants and that the city had done no research to determine the effects of illegal immigration on crime rates and educational opportunities.

Both parties have said the U.S. Department of Justice has contacted the city and plaintiffs' attorneys, offering mediation. While Martin had written in a recent letter to Meza that he wanted dialogue "rather than mandating repeal of an ordinance that is consistent with (federal law) and is grounded in sound public policy and common sense," Meza had protested that the city had been unwilling to delay enforcement of the law "in light of its significant and severe effects" and had supported proceeding with litigation.

Whitteaker said Martin last week had the lawsuit moved from state to federal court.

"Eric feels our ordinance is duplicating federal law, so the lawsuit should be in federal court," the mayor said.

On Monday night, Oct. 16, after the Journal went to press, the Board of Aldermen planned to vote on legislation to appoint attorney Kris Kobach as special counsel for the city regarding the lawsuit.

"Kris (who worked with former U.S. Attorney General John Ashcroft) will represent us in the lawsuit because he wrote similar legislation for Hazelton, Pennsylvania, on which Valley Park based its law, and he also teaches immigration law at a university in Kansas City," Whitteaker said.

Bryan Cave LLP attorneys Kathy Wisniewski and Linda Martinez, representing the plaintiffs, protested that they felt there are a lot of state issues in the lawsuit.

"For example, there are many state law issues involved in the city's ordinance, such as that the ordinance exceeds the power of a city as delegated under state law and that certain provisions of the city's law are contrary to state landlord-tenant law," Martinez said.

On Monday, Oct. 16, the plaintiffs filed a motion requesting the case be sent back to state court, Wisniewski said.

Wisniewski said that on Oct. 13 in federal court, the temporary restraining order was extended, holding off enforcement of the city's law until a hearing can be set up on a preliminary injunction.

Depositions of the mayor and board are to be scheduled for Nov. 6, 7 and 8, she said.