Escondido council stops court fight on rental ordinance

By: QUINN EASTMAN - Staff Writer

ESCONDIDO ---- In a significant turnaround, the Escondido City Council announced Wednesday night that it has halted its efforts to defend in court a city ordinance that would punish landlords for renting to illegal immigrants.

Facing a potentially costly battle in federal court against the American Civil Liberties Union and other civil rights groups, the council said in a written statement that it would seek to make permanent the temporary restraining order against the ordinance issued by federal Judge John Houston at the end of November.

The council issued the statement after meeting in closed session Wednesday night. Council members were meeting on other city business at the time, and were not available to comment on the statement.


"The city does not believe that the current legal environment is the best or the most cost-effective manner to address the problem of illegal aliens in Escondido," the statement says.

It cites legal costs potentially exceeding $1 million and uncertainty about whether the city could ever adequately enforce the measure.

In adopting the ordinance in October, a three-person council majority was attempting to address long-standing concerns about overcrowding in Escondido's poorer neighborhoods.

Council members Marie Waldron, Ed Gallo and Sam Abed said at the time that the federal government was not enforcing immigration violations adequately, and that thousands of illegal immigrants were putting a burden on local government services.

Mayor Lori Pfeiler and Councilman Ron Newman, who chose not to seek re-election in November, voted against the ordinance.

The city, whose population is estimated at 43 percent Latino by regional planners, quickly became the target of protests by Latino activists and the focus of cheers by groups across the country that oppose illegal immigration.

Critics, including landlord business groups, pointed out that the quickest way for landlords to avoid scrutiny would be to not rent to people they suspected could be illegal immigrants.

As the ordinance was written, it would rely on the federal government to check tenants' immigration status, but it was not clear how the city could get the information it needed.

"The city has also found that it needs additional input as to how it would utilize and implement the Systematic Alien Verification for Entitlements (SAVE) program, including the procedures for processing an application for federal approval of the city's participation in the program," the council's statement said.

The statement said that in the coming year, the council will craft other ways to address residential overcrowding and alleged unsanitary conditions in Escondido neighborhoods.

The statement is available at www.ci.escondido.ca.us/immigration/Statement.pdf.

-- Contact staff writer Quinn Eastman at (760) 740-5412 or qeastman@nctimes.com.

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Comments On This Story

Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.
David wrote on December 13, 2006 10:23 PM:"Finally the city council made a decision on this issue that was in the best interest of its residents."

Frida wrote on December 13, 2006 10:40 PM:"I told you..this was a bad idea from the start and completely unenforceable."

Sam wrote on December 13, 2006 10:44 PM:"What a Joke...I always knew this was a waste of tax payers money!!!"

Escondeeter wrote on December 13, 2006 10:47 PM:"It was going to be a long, hard fight. The case wasn't going to be heard until March. On appeal (virtually certain), the Ninth Circuit has a strong leftist bias. So, realistically, the ordinance wasn't going to get a fair hearing until it got to the Supreme Court. This way, there'll be more effective legislation, sooner."

Escondeeter wrote on December 13, 2006 10:53 PM:"Commenters might want to take the time to read the statement before they jump to conclusions about what happened tonight."

OllyNorth wrote on December 13, 2006 10:55 PM:"God Bless America! God Bless the ACLU!"

Recovering minuteman wrote on December 13, 2006 10:58 PM:"Perhaps it was the Christmas spirit, or perhaps it was the fact that racism was the only fuel propelling this ordinace. Either way, bigotry hit stop sign, hopully not just speed bump. Now I can say that I'm truly proud be an American, The Land of the Free!"

JIGSAW wrote on December 14, 2006 12:04 AM:"There are many ways to skin a cat. Same goes for redicing illegal immigration. Housing codes is one that will be used to control this epidemic."

Frida wrote on December 14, 2006 12:06 AM:"Viva the ACLU and Escondido Human Rights Committee! Good job to all those who opposed the ordinance."

Santa wrote on December 14, 2006 12:16 AM:"Can I be the first to say... LOL"

A CAMPAIGN TACTIC wrote on December 14, 2006 12:18 AM:"This entire mess was nothing more than a campaign tactic spearheaded by Marie Waldron. Sane people, even conservatives and those who are disgusted by the Feds' lack of border enforcement, knew this ordinance was not enforceable nor constitutional. Waldron's election win was propelled by the anti-illegal immigrant zealots who were willing to work on her behalf. She capitalized on the fact that angry people who are driven by hatred and fear will turn out to vote while satisfied people are content with the status quo. The election strategy and resulting outcome are a sad commentary on the psyche of Escondido's voting public. Today's decision returns the city to some degree of normalcy from a governance standpoint, but we are now stuck with three stupid council members for the next four years! "

weak wrote on December 14, 2006 12:26 AM:"This whole thing was a ploy by Waldron to get elected. She and Abed wasted a lot of taxpayers' time and money capitalizing on people's fears. That shows serious weakness of character on their parts. It is time to look for new leaders. "

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