ACLU revises suit against Arpaio
By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 07.17.2008
PHOENIX — The American Civil Liberties Union has revamped its racial-profiling lawsuit against Maricopa County Sheriff Joe Arpaio, including adding an aide to Phoenix Mayor Phil Gordon as a plaintiff.
The new version narrows the focus of the charges against Arpaio and his department to "sweeps" and other enforcement actions where motorists were stopped and questioned because of their skin color, said attorney David Bodney, who filed the revised lawsuit Wednesday in U.S. District Court.
Bodney said he believes that will be easier to prove in court based on the number of victims.
He said the new lawsuit asks simply for Judge Mary Murguia to ban the Sheriff's Department from engaging in race-based discrimination and to require the sheriff to put "safeguards" in place to prevent future problems.
The first lawsuit, filed in December, had sought not only monetary damages on behalf of a discrimination victim but a court order to dissolve the sheriff's special immigration enforcement unit.
Sheriff's Capt. Paul Chagolla said Arpaio would not comment on the litigation.
One of the new allegations involves Jessica Rodriguez, whom Bodney identified as an aide to Mayor Gordon.
According to the lawsuit, Rodriguez and her husband, David, had been visiting Bartlett Lake when they came across a sign that said "road damaged" ahead of a washed-out section. Two sheriff's vehicles were parked on opposite sides of the damaged area.
Like other motorists, the Rodriguezes turned around and headed the other way before being pulled over. The lawsuit says the couple was asked for Social Security cards and other information; other motorists, all Anglos, were simply stopped and warned about the turn, the suit says.
Other plaintiffs complained of being singled out for special treatment because of their race.
Arpaio has been at the center of controversy because of his decision to saturate certain areas with deputies whose specific aim is looking for even minor traffic violations. Arpaio has justified the sweeps saying they result in the arrests of illegal immigrants and of people with outstanding arrest warrants.

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