Thread: Lost Angeles: Decision Delayed On Future Of Special Order 40

Decision Delayed On Future Of Special Order 40 Lawsuit

POSTED: 6:50 am PDT June 10, 2008
UPDATED: 10:05 am PDT June 10, 2008


LOS ANGELES -- A judge on Tuesday heard arguments on a challenge to a taxpayer suit that seeks to repeal a long-standing directive prohibiting Los Angeles police officers from asking arrestees about their immigration status, but he did not issue a ruling.

Los Angeles Superior Court Judge Rolf M. Treu is being asked by the city and the American Civil Liberties Union to dismiss the lawsuit on grounds there are no triable issues.

"I'm taking the case under submission and intend to have a written ruling in the very near future," Treu said at the beginning of today's hearing.

Los Angeles resident Harold P. Sturgeon filed suit in May 2006 against police Chief William J. Bratton and members of the Police Commission, seeking to have Special Order 40 declared unlawful.

In court papers, Sturgeon's lawyers call Special Order 40 "essentially a 'Don't Ask, Don't Tell' policy regarding illegal aliens."

Sturgeon is requesting that a permanent injunction be issued to prevent taxpayer money from being used to enforce it. Sturgeon and other critics say the 28-year-old mandate from the Los Angeles City Council hampers the LAPD's ability to exchange information with federal immigration officials.

The order is intended to avoid discouraging illegal immigrants from reporting crimes and assisting police.

In their court papers, lawyers for the City Attorney's Office maintain the directive does not prevent the LAPD from working closely with federal Immigration and Customs Enforcement officials.

"There is no evidence ... to show that ICE has ever complained that they have not had the assistance of LAPD, or that LAPD has not come when they are called," the city's court papers state.

In their court papers, ACLU lawyers maintain Special Order 40 is consistent with federal law and not in conflict with it.

ACLU attorney Hector O. Villagra said after the hearing that he was encouraged by the tenor of Treu's questions, many of which focused on conflicts in law and whether Sturgeon believes the order as a whole is unconstitutional, or only when applied in certain instances.

Paul J. Orfanedes, one of Sturgeon's lawyers, maintained the order is a misapplication of his client's taxpayer dollars. He also maintained the order was being applied in a broader way than the text of allows.

Deputy City Attorney Vibiana M. Andrade said Sturgeon's lawyers have not shown any pattern of unconstitutional enforcement of Special Order 40.

Treu ruled in September 2006 that four groups that assist undocumented immigrants can intervene as defendants in the case. They are working with the City Attorney's Office to keep Special Order 40 on the books.

The ACLU of Southern California represents the four community groups: Break the Cycle; Los Jornaleros (The Day Laborers); El Comite de Jornaleros (The Committee of Day Laborers); and El Instituto de Educacion Popular del Sur de California (The Institute of Popular Education of Southern California).

Last year, the Los Angeles City Council went on record against any future federal legislation that would force the Los Angeles Police Department to change its policy on identifying undocumented immigrants.

Debate over the issue was reignited earlier this year when Jamiel Shaw Jr., a high school football star, was killed -- allegedly by a reputed gang member who was in the country illegally. The suspect, Pedro Espinoza, had been released from county jail the day before the slaying.

Special Order 40 did not apply in that case because Espinoza's original arrest was outside the city of Los Angeles and he was housed in a Los Angeles County jail. However, the killing prompted Councilman Dennis Zine to introduce a motion to amend the policy, allowing police to investigate the immigration status of gang members they think may be in the country illegally, whether or not they are suspected of other crimes.

Los Angeles was the first major city to enact the Special Order 40 policy in 1979.

http://www.knbc.com/news/16557600/detail.html

So much for Jamiel Shaw Jr. How many more will suffer at the hands of Illegals and Liberals before something gets done?

The ACLU continues to fight common sense and work directly against the interests of law-abiding, taxpaying, middle-class citizens.

I just heard, today, that the ACLU has 268 million dollars to be used in an expansion into CONSERVATIVE states such as Louisiana and several others. Wonderful, the liberal agenda marchs on and OVER the American people's will!

Last year, the Los Angeles City Council went on record against any future federal legislation that would force the Los Angeles Police Department to change its policy on identifying undocumented immigrants.

This is the pits . Totally against the Country . All for the Mexicans and there Consulates. What has Bush done , again !