Thread: Farmers Branch Controversial Immigration Ordinance Revised

http://cbs11tv.com/politics/local_story_021225718.html

Jan 21, 2007 9:56 pm US/Central

Video

Controversial Immigration Ordinance Revised

Raquel Eatmon
Reporting

(CBS 11 News) FARMERS BRANCH The Farmers Branch ordinance that would ban illegal immigrants from renting apartments in the city could be replaced.

The new proposal is still tough on illegal immigrants, but it offers a few revisions. City leaders wouldn't comment much on the revisions or what prompted them to move on it.

Tom Bryson, the city's spokesperson says, "I think the important thing is they are going to have consideration on Monday, and the public will have an opportunity to comment on it."

Friday, the council released a 9-page proposal outlining apartment rental licensing guidelines. The guidelines are similar to the first ordinance, but it gives a break to families with mixed immigration.

The head of a household or their spouse must be in the country legally. Extended relatives, like aunts, uncles and cousins, are not allowed if they are undocumented immigrants.

The proposed ordinance also requires each tenant to sign a consent form, which could be released to the city or immigration agencies.

At least four lawsuits were filed against the City of Farmers Branch, and some say they're not backing down. They hope a higher court will have the final say on immigration reform.

Activist Carlos Quintanilla said, "Once there is litigation that challenges the constitutionality of the illegal structure in Farmers Branch, then you can vote on immigration."

Monday, council could approve Ordinance # 2903, but on May 12th it'll be up to voters to pass it or shoot it down.

If the ordinance passes, it would take effect May 22nd. Council is expected to review it Monday, January 22, 2007. We're told the public will have a chance to weigh in.

http://www.dfw.com/mld/dfw/news/16506665.htm

Sat, Jan. 20, 2007
Ordinance would let public vote on ban
By PATRICK McGEE
STAR-TELEGRAM STAFF WRITER

PHELPSFarmers Branch released a proposed ordinance Friday that would leave it up to voters to decide whether landlords should be prevented from renting apartments to illegal immigrants.

The City Council voted 5-0 in November to ban rentals to illegal immigrants effective Jan 12. But council members appear to have backed away from that ordinance after lawsuits were filed that challenged the requirement.

The council will meet Monday to review the new proposal, which was drafted by the city's attorneys and cedes the issue to a May 12 referendum. Opponents forced the ballot question after submitting a petition in December. If voters approve the ban, it would take effect May 22 under the proposed ordinance.

Matthew Boyle, an attorney for the city, declined to say why a new ordinance was drafted. Mayor Bob Phelps and Mayor Pro Tem Ben Robinson also declined to comment.

"I have not seen what is rewritten," Phelps said.

For weeks, council members stood behind the original rental ban. On Jan 8, for example, the council voted 5-0 to stick with the Jan. 12 implementation date. But the ban was blocked Jan. 11 after District Judge Bruce Priddy granted a temporary restraining order at the request of Guillermo Ramos.

Ramos, a Farmers Branch real estate agent, sued the city in December, stating that the ordinance was approved after discussions in closed-door meetings, a violation of the Texas Open Meetings Act.

On Wednesday, the City Council voted 5-0 to have city attorneys write language repealing the original rental ban and draft a new rental ordinance.

The proposed ordinance -- if approved by voters -- would fine landlords $500 for every day they rent to people who cannot prove they are citizens or legal residents. The new language also offers tenants a right to a hearing before a city building official.


--------------------------------------------------------------------------------
Patrick McGee, 817-685-3806 pmcgee@star-telegram.com

mysanantonio.com

Farmers Branch council to consider revised rental ban and citywide vote

Web Posted: 01/19/2007 10:11 PM CST

Thomas Korosec
Houston Chronicle

The Farmers Branch City Council will consider on Monday a measure repealing the city's controversial ban on renting apartments to undocumented immigrants, replacing it and sending the matter to voters in May.

The revised ordinance would continue to bar apartment landlords from renting to undocumented immigrants, but would narrow its reach slightly in an apparent attempt to address issues raised in lawsuits filed against the city.

Under the proposed measure, which was posted on the city's Web site Friday, so-called "mixed families" comprised of legal and undocumented immigrants could rent an apartment if the head of the household is a U.S. citizen or in the country legally.

The new measure also would exempt minor children and people older than 62 from having to submit proof of legal status.

Council members voted in November to require apartment landlords to verify the citizenship or legal status of all apartment occupants and spelled out fines of up to $500 per day. Four lawsuits have been filed in response, and residents submitted a petition forcing a referendum on the ban in May.

Last week, state District Judge Bruce Priddy issued a temporary injunction that blocked the ordinance from taking effect as scheduled on Jan. 12.

In a letter submitted in that case Thursday, Farmers Branch City Secretary Cindee Peters said the City Council agreed to repeal the rental ban and adopt the revised rules.

The new ordinance, if adopted Monday, would call for a referendum May 12 and would not go into effect until May 22 if approved by voters, according to the draft measure.

"They're waving the white flag," said Bill Brewer, a Dallas attorney who filed suit on behalf of a Farmers Branch resident alleging the council violated several provisions of the Texas Open Meetings Act when it passed the rental ban.

"They didn't get it wrong by a little. They got it wrong by a lot," Brewer said.

He said it appears city officials concluded the judge would have enjoined them from enforcing the rental ban at an upcoming hearing.

"They were in the same hearings I was and it was going very badly for them. They decided to back off and put it to the voters," Brewer said.

City spokesman Tom Bryson said the council voted unanimously on Wednesday to draft a new measure that would repeal the existing one after it discussed the matter in executive session.

"This is going to be discussed by the council Monday so it would be premature to try to get in any discussion now about it," Bryson said, declining further comment.

Councilman Tim O'Hare, author of the rental ban, did not return calls seeking comment.

Tom Bohmier, a leader of the group Support Farmers Branch that formed to encourage the push against undocumented immigrants, said it appears the council "is trying to knock out two or three of the lawsuits."

He said the lawsuits are being pursued by "outsiders" even if the plaintiffs are city residents.

Christopher McGuire, co-chairman of Uniting Farmers Branch, which opposes the ordinance, said, "It appears they're trying to do an end run around the lawsuits, but this is the end for now of (the rental ban law), so it's a victory for us."

McGuire, a classical guitarist, said he believes the council has been targeting Hispanics, not just undocumented immigrants, to make it uncomfortable for them to live in the city.

"You talk to people here and they're mad the city is becoming Hispanic," said McGuire, referring to the fact that Farmers Branch is now 40 percent Latino.

David Urias, a staff attorney for the Mexican American Legal Defense and Educational Fund, said the proposed ordinance appears very similar to the one passed in November, which MALDEF is challenging in a federal lawsuit.

"They made slight refinements based on some of the challenges that were made to it, but overall it is still an attempt to turn apartment owners into immigration officials," Urias said. "The city would still mandate that they check persons' documents and that is going to be a big problem for our client tenants and apartment owners."

He said the city is still wading into immigration law, which is in the federal government's sphere.

On Friday, a federal judge approved an agreement between attorneys for Farmers Branch and MALDEF requiring the city to give 14 days notice before enforcing any form of rental ban.

Urias said the agreement ended for now MALDEF's pursuit of a restraining order. The rights group could refile or amend its lawsuit if Farmers Branch continues to pursue an apartment ordinance, he said.

The council's latest action does not affect two other immigration-related measures passed along with the rental ban. One allows police to screen suspects in custody to see if they are in the country illegally. The other calls for making English the city's official language.

http://www.pegasusnews.com/news/2007/ja ... versial-i/

Thursday, January 18, 2007

Farmers Branch City Council considers repeal of controversial immigration ordinance
By Pegasus News wire

Updated 12:44 a.m., January 19, 2007

Email Print Tell us your story Comment (1)
The Farmers Branch city council held a special meeting Wednesday night to discuss repealing the controversial immigration ordinance that bans apartments from being rented to illegals. After discussing, the council voted 5-0 to begin drafting a new ordinance. City Council is scheduled to consider the change in a meeting this coming Monday. The new ordinance would only go into effect if approved by a public vote on May 12th.

One supporter of the ordinance was speechless when he heard the news.

Meanwhile, Carrollton Mayor Becky Miller and other local elected officials are organizing to lobby Congress to tackle immigration law. Mayor Miller tells the DMN: "The cities are being pressured by some of the citizens, and we need to get this back to the federal government, who needs to be taking care of this issue."

Posted by Blair

Dallas Morning News

FB council revising rental law

Current ordinance may be tossed; new one would need public vote

08:32 AM CST on Friday, January 19, 2007
By STEPHANIE SANDOVAL / The Dallas Morning News

Farmers Branch officials on Monday will consider tossing out a controversial ordinance banning apartments from renting to illegal immigrants and replacing it with a revised proposal.

The City Council made the decision at a special meeting Wednesday night, directing the city attorney to draft a proposed ordinance that will revise the citizenship or residency requirements in the original ordinance, which is the subject of four lawsuits.

It was unclear Thursday whether the new ordinance would specifically target illegal immigrants. The current ordinance, passed in November, requires apartment managers to obtain proof that tenants are U.S. citizens or in the country legally.

The revised ordinance, if approved, would be enforced only if voters approve it in a May 12 election. With that approval, the measure would take effect May 22.

Representatives of the Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union said Thursday that the city's reconsideration of the ordinance is in response to a lawsuit they filed claiming the measure is unconstitutional.

They said that in a document jointly filed by the city and two civil rights groups Thursday in federal court, the city agreed not to enforce the ordinance.

"Hopefully, the City Council will decide to abandon its efforts to turn landlords into immigration agents," said Marisol Perez, staff attorney for MALDEF.

No comment from city
City attorney Matthew Boyle said Thursday that he could not comment on the council's directive and could not give details of the requested ordinance revisions because they had not been drafted.

Mayor Bob Phelps did not return phone calls.

Council member Tim O'Hare, the driving force behind the apartment ordinance, did not return calls to his cellphone and office Thursday.

Tom Bohmier, a supporter of the city ordinance, was speechless when told the City Council may repeal its earlier decision.

"I guess I'm frustrated that once again, outsiders are manipulating our city's direction," he said, referring to the lawsuits filed against the city.

"The law is black and white, not shades of gray. People who are here illegally do not have any rights at all, yet we're giving them more rights than residents," said Mr. Bohmier, one of the leaders of supportfarmersbranch.com, which has rallied residents in support of the city and the original ordinance.

The council's directive also appears to make concessions to assertions included in a lawsuit that contends the city violated the Texas Open Meetings Act when the ordinance was adopted in November.

The directive states that the proposed ordinance will be posted on the city's Web site no later than 6 p.m. Friday and that the agenda for Monday's meeting will include a public hearing before the council votes on it.

The lawsuit, by resident and real estate agent Guillermo Ramos, accuses the city of violating open-meetings laws by deliberating behind closed doors on the apartment ordinance in November, then changing the order of the agenda and voting to approve it before residents could see the wording of the ordinance or comment on it.

"This is obviously an important day for all of the people in Farmers Branch who care about these types of issues, not just the ordinance that apparently will be no more, but for people who feel like public servants ought to comply with the law and the best government is one that is open and participatory," said attorney William Brewer III of Bickel & Brewer Storefront.

The Storefront represents Mr. Ramos in his lawsuit and three apartment complexes that are challenging the rental ordinance in a separate lawsuit.

Jan. 8 ordinance
The ordinance the City Council asked to have before it Monday also would repeal an ordinance adopted Jan. 8 that said the city would keep the apartment rule in place, but let voters decide in May if they wanted to keep it.

A state district court issued a temporary restraining order last week to prevent the city from implementing the ordinance Jan. 12. The restraining order was to be in place until Monday, when the court was expected to hold a hearing on a request for a temporary injunction, which would halt the city from enforcing the ordinance until the case went to trial.

But in court Thursday, the attorneys and judge in the Ramos lawsuit agreed to extend the temporary restraining order until Feb. 9, Mr. Brewer said. The judge and attorneys are scheduled to meet next Friday to discuss whatever action the City Council takes Monday and to determine if a hearing should be held Feb. 9 on the plaintiff's request for a temporary injunction.

Mr. Brewer said it appears that Farmers Branch is conceding that the original vote on the ordinance may be problematic.

"Unfortunately, they may not concede that the whole idea of this kind of legislation is a bad idea," he said. "They seem rather to want to fight with some of the arguments around the edges."

He speculated that the revised apartment ordinance that could go to voters in May will still include some restrictions on illegal immigrants.

But he said no matter what the council does Monday, the suit alleging Texas Open Meetings Act violations will proceed.

"If you look at the record of what came down here, this was done in violation of the Open Meetings Act in as many ways as you could do it and still think you were fooling everybody," Mr. Brewer said. "They conducted negotiations and deliberations in the background, and this was all wrong."

Chris McGuire, a leader of Uniting Farmers Branch, which opposes the apartment ordinance, said he thinks the latest move by the city may be just a ploy.

"This is an attempt by the City Council to kind of pull an end-run and stop the lawsuits," he said.

Resident David Koch, another supporter of the original apartment ordinance, said he also was surprised by the council's move to reconsider its earlier decisions.

"It looks like they're changing their mind. Somebody came in and said something is my guess," Mr. Koch said. "Is it a good move? I can't say, because I don't know why they're doing it. I can't say it's a bad move, because I don't know their rationale."

Mr. Koch said he assumes the City Council is acting on legal advice.

"I'd like to go crying, 'The sky is falling.' But working on litigation like I do, I know sometimes you have to adjust your strategies and tactics because of the outcome of research or the discovery of new facts. ... It sounds like what they're doing is fine-tuning, maybe."

E-mail ssandoval@dallasnews.com

Dallas Morning News

THE BATTLE OVER ILLEGAL-IMMIGRATION RESTRICTIONS

Aug. 20 – Farmers Branch City Council member Tim O'Hare unveils his ideas that would make it tougher for illegal immigrants to live and work in the city. They include prohibiting landlords from leasing to illegal immigrants, penalizing businesses that employ them, making English the city's official language and ceasing publication of any documents in Spanish, and eliminating subsidies for illegal immigrants in the city's youth programs. Civil-rights activists immediately threaten lawsuits.

Aug. 26 – More than 300 protesters at Farmers Branch City Hall criticize Mr. O'Hare's ideas.

Sept. 5 – City Council members choose not to go forward with ordinances that would have restricted illegal immigrants from living and working in the city. They vow to pursue the measures if Congress doesn't come up with a plan to enforce existing laws and reach an agreement on immigration reform by the end of the year.

Sept. 9 – Mr. O'Hare says the anti-immigration issue is not dead, and the city's attorneys are crafting an ordinance that is likely to go to the City Council before the end of the year.

Nov. 13 – The City Council, following a discussion in closed session, unanimously adopts strict measures against illegal immigrants, requiring apartment renters to provide proof of citizenship or residency and making English the city's official language. It also agrees to let police apply to participate in a federal program that would enable them to check the residency status of suspects in custody and initiate deportation proceedings in certain cases. Some Hispanic activists said they will sue the city over the decisions.

Nov. 30 – Hispanic leaders launch a petition drive for Farmers Branch residents seeking a citywide vote on the ordinance.

Dec. 4 – Farmers Branch resident Guillermo Ramos sues the city and City Council members, saying council members violated state open meetings laws by deliberating immigration-related ordinances and policies behind closed doors.

Dec. 13 – Petition organizers turn in petitions to the city secretary, saying they have more than the 721 signatures needed to force the City Council to repeal the ordinance banning apartment managers from leasing to illegal immigrants or to call a special election on the issue.

Dec. 22 – Three Farmers Branch apartment complexes sue the city, asking that the new ordinance be declared unconstitutional.

Dec. 26 – The Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union Foundation of Texas, along with the ACLU's National Immigrants' Rights Project, file a lawsuit challenging the ordinance.

Dec. 27 – Farmers Branch certifies the petition seeking to force the City Council to repeal the apartment ordinance or force an election on it.

Jan. 8 – The City Council decides to hold an election May 12 on the ordinance banning apartment rentals to illegal immigrants. Council members decide to implement the ordinance on Jan. 12.

Jan. 11 – District Court Judge Bruce Priddy issues a temporary restraining order delaying enforcement of the ordinance in response to a request from Mr. Ramos, who sued the city over alleged Open Meetings Act violations. A group of merchants files the fourth lawsuit against the city, saying the ordinance and the resolution making English the city's official language have hurt their businesses.

Wednesday – The City Council, in a closed session, directs the city attorney to draft an ordinance for consideration Monday that would repeal the apartment ordinance. Council members also ask that the ordinance to be put before them Monday include revised apartment licensing standards regarding the citizenship or immigration requirements. That ordinance would only go into effect if voters approve on May 12.

WHAT'S NEXT
Friday: Farmers Branch officials will make public a proposed new apartment rental ordinance, which will be posted on the city's Web site, www.farmersbranch.info by 6 p.m.

Monday: The City Council will discuss that new proposal and consider repealing the ordinance prohibiting apartment owners from renting to illegal immigrants.

I wasn't sure where to post this. I am a little lost on these ...these days.

But I received this in an email asking to vote.

The Dallas Business Journal's online poll is about the illegal
immigration ordinances in Farmers Branch. Show them where you stand!
Please go vote and show your support for the ordinances.

Thanks, Matt Burton for forwarding this along.

http://dallas.bizjournals.com/dallas/da ... 2007-01-30

Tim Scott

Voted, Sunday February 4, 2007
Do you support the ordinance requiring property managers or owners to verify the immigration or citizenship status of apartment renters?

Support
84%

Oppose
15%

Originally Posted by JAK

I wasn't sure where to post this. I am a little lost on these ...these days.

But I received this in an email asking to vote.

The Dallas Business Journal's online poll is about the illegal
immigration ordinances in Farmers Branch. Show them where you stand!
Please go vote and show your support for the ordinances.

Thanks, Matt Burton for forwarding this along.

http://dallas.bizjournals.com/dallas/da ... 2007-01-30

Tim Scott

Voted, Sunday February 4, 2007
Do you support the ordinance requiring property managers or owners to verify the immigration or citizenship status of apartment renters?

Support
84%

Oppose
15%

Actually, that poll is already the subject of a separate thread.

Okay, I have lost track of all the focus campaigns we were working on at one time and I havent been keeping up with the boards lately...and I received this email and just wanted to post it with that focus campaign, but I'm lost with the focus campaigns these days, the ones we were previously working on....anyway...I can't seem to find them.

I will go back to my own little project.
Thanks.