City attorney says Gordon can't sue over immigration law
Reported by: ABC15.com staff, wire reports
Last Update: 1:43 pm

PHOENIX -- The Phoenix City Attorney issued an opinion Monday whether Mayor Phil Gordon can file a lawsuit on behalf of the city aimed at derailing the state's new immigration law.

In a letter to City Manager David Cavazos, City Attorney Gary Verburg said he reviewed the city charter and it's his opinion that only the City Council has the power to authorize the filing of civil actions.

Gordon was unable Tuesday to muster support from among the Phoenix City Council members to jointly file suit to block implementation of the law.

City Councilman Sal DiCiccio, an immigration law supporter, issued a statement Monday saying the opinion is a clear victory for the people of Phoenix.

DiCiccio said residents have let him and his colleagues know that they are opposed to any action against the state.

Mayor Gordon now plans to challenge of the state's new immigration law

As part of that lawsuit, Gordon will apparently join other "individual mayors" without using Phoenix funds.

Statement of Phoenix Mayor Phil Gordon
Senate Bill 1070 was amended Thursday with changes that appear to require neighborhood inspectors to act as immigration police while checking for overgrown weeds or cars parked in front yards. Both city and private attorneys are reviewing those amendments to assess their impacts.

The Phoenix City Council has voted four times this year to oppose SB 1070. These latest changes further demonstrate how important our opposition continues to be. I will do everything in my power, both in my capacity as Mayor and individually, to prevent this onerous legislation from taking effect and overwhelming city government with the responsibility of becoming the frontline of immigration enforcement.

At this moment, a coalition of cities and towns from around the state is forming to challenge the wisdom – and constitutionality -- of municipal workers being responsible for border enforcement. Everyone should agree that the responsibility properly lies with the federal government, which is why I am in Washington D.C. once again asking congressional leaders to act now.



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