http://www.dfw.com/mld/dfw/16167706.htm

Farmers Branch sued over 2 rules
By PATRICK McGEE

STAR-TELEGRAM STAFF WRITER

FARMERS BRANCH - A Farmers Branch real estate agent is asking a state district court to strike down what he calls two anti-Hispanic ordinances approved last month by the City Council, saying that the council violated the state's open meetings law.

Guillermo Ramos filed suit Monday in Dallas County to prevent the enforcement of an ordinance that prohibits landlords from renting to illegal immigrants and a second "divisive" ordinance that targets property maintenance. Ramos' suit states that the property ordinance, for example, bans empty flowerpots and dirty garage doors that "is unmistakably and improperly directed toward a definable ethnic group -- Hispanics -- in Farmers Branch."

Ramos, who is a city resident, stated in his suit that the ordinances were approved after discussions in closed-door meetings, a violation of the Texas Open Meetings Act. He reported that his real estate business "like other businesses in Farmers Branch will suffer from the negative impacts likely to result from the ordinances."

Farmers Branch Mayor Bob Phelps said he does not think the council violated the Open Meetings Act. But he would not elaborate, referring questions to the city's attorney, John Boyle.

Tim O'Hare, the council member who spearheaded the anti-illegal-immigrant ordinances, also referred questions to Boyle.

Boyle did not return calls placed to his office Monday afternoon.

On Nov. 13, the council voted unanimously to make English the city's official language, commit the city's police to work with federal officials on enforcing immigration law and fine landlords who rent to illegal immigrants. They can be fined up to $500 a day for violations.Bickel & Brewer, which filed the suit on Ramos' behalf, is also seeking the signatures of 700 voters registered in Farmers Branch to force a referendum on the ordinance that forbids landlords from renting to illegal immigrants.

"We're already there. We'll get two or three times the number we need," said William Brewer, a partner at the firm. He said Ramos was active in the effort. But Ramos could not be reached Monday for comment.

The suit also asks that the city produce minutes and recordings regarding the two ordinances cited in the suit.

"It should be a deliberate process and a debate in the open so that people can see and hear what's occurring," Brewer said.

The Mexican American Legal Defense and Education Fund also may sue Farmers Branch over one or more of the ordinances, said Luis Figueroa, a staff attorney with the San Antonio-based group.

MALDEF has sued Escondido, Calif., for passing a similar ordinance that bars renting to illegal immigrants.

ONLINE: www.bickelbrewer.com

www.ci.farmers-branch.tx.us


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