Thread: Farmers Branch City Council to take up federal lawsuit Tuesd

Farmers Branch City Council to take up federal lawsuit over illegal immigration on Tuesday
11:21 AM Mon, Apr 19, 2010 | Permalink
Dianne Solis


The Farmers Branch City Council will discuss Tuesday night whether they'll fight on to defend a renters' ordinance aimed at illegal immigrants amid costs that may exceed $5 million.

On March 25th, U.S. District Judge Jane Boyle of Dallas ruled that the ordinance was an attempt to enforce U.S. immigration laws - something the judge said only the federal government can do. The legal teams that prevailed against the city have the right to submit their bills for repayment. Bickel & Brewer Storefront recently submitted an $850,000 bill to the court and a second bill is expected within days for a similar sum from another team of lawyers, who include the ACLU and the Mexican-American Legal Defense and Education Fund.

Since September 2006, legal fees to defend three versions of the ordinance have cost the city nearly $3.2 million. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said last month before the new bills were submitted. More on that can be found here.

The city is also defending itself in state court on alleged violations that it violated the state open meetings act when crafting the ordinance.


And the fight here in this Texas suburb has attracted attention from around the nation in the wake of federal inaction over an overhaul of the nation's complicated immigration laws. The Federation for American Immigration Reform and its legal affiliate have assisted the city of Farmers Branch in its fight, and have provided legal counsel with similar fights in other states and local municipalities.

"I don't want to understate it," said Dan Stein, the president of FAIR, told a small group of journalists after a speech last week at the University of Oklahoma in Norman. "Our job is to give people who are enthusiastic our expertise."

Stein called the most recently filed legal bill to Farmers Branch "wildly inflated."

Bill Brewer of the Bickel & Brewer firm noted that he didn't include his own fees in the legal filing, in an earlier interview. And the legal filing in federal court said that the law firm's costs in the Farmers Branch fighter were higher than what was formally submitted.

Here's details from the City Council agenda:

EXPLANATION:
Plaintiff apartment owners sued the City of Farmers Branch, challenging the constitutionality of Ordinance 2952, which the City adopted on January 22, 2008. Ordinance 2952 established a residential licensing program making illegal aliens ineligible to rent housing in the City. The case was pending before United States District Court Judge Jane Boyle in the Northern District of Texas. The Plaintiffs and the City each filed motions for summary judgment. On March 25, 2010, the Court entered its Final Judgment, which permanently enjoined the City from effectuating or enforcing Ordinance 2952.

At this time, the City Council needs to decide the next course of action concerning the legal process concerning Ordinance 2952. The attorneys representing the City in this lawsuit will be on hand to answer any questions and provide advice to the possible next steps in the process.

At this time there appears to be two possible options concerning the issue. These include:

1) filing a notice of appeal to the Fifth Circuit;
2) allowing the appellate deadlines to pass and let the Court's judgment become final.

The City's original deadline to appeal the Court's ruling is April 26, 2010. However, Plaintiff's attorneys have filed motions that may extend the final order, thereby, possibly extending the deadline.

RECOMMENDATION:

City Administration recommends that the City Council provide clear direction concerning the next steps for the City, and its Attorneys in the matter of Villas at Parkside, et al. v. City of Farmers Branch.

http://farmersbranchblog.dallasnews.com ... il-to.html

I think they have a good chance in the 5th.

Pray for Farmers Branch.

Dixie