Thread: FB rental ban faces court challenges

Posted on Wed, May. 16, 2007
FB rental ban faces court challenges
By PATRICK McGEE
Star-Telegram Staff Writer


The battle over Farmers Branch's ban on renting apartments to illegal immigrants has shifted from the ballot box to the courts, with opponents of the ban asking a federal judge to halt its implementation.

The American Civil Liberties Union and the Mexican American Legal Defense and Education Fund requested early Tuesday that a U.S. district judge in Dallas issue a temporary restraining order. Several hours later, a group of merchants also asked the same judge, Sam Lindsay, to block the ban, which is scheduled to take effect Tuesday.

Residents approved the referendum Saturday with about 68 percent of the vote, according to unofficial results. Farmers Branch reported that 5,999 voters cast ballots on the question, a record for city elections.

"That was basically a political vote," said MALDEF attorney Marisol Perez. "That was basically what the voters want, but completely separate and apart from that is what is in the confines of the law."

Matthew Boyle, an attorney for Farmers Branch, said he expected the requests for temporary restraining orders.

"We're optimistically confident about our position," he said. "We would hope that we would be given the opportunity to provide some response briefing, and we are engaging in that [preparation] right now."

MALDEF's lawsuit, one of four against the city, argues in part that Farmers Branch cannot legally take any action against illegal immigrants because that's the federal government's responsibility.

The vote, however overwhelming, does not matter because the ban is unconstitutional, said Carlos Quintanilla, an activist who brought dozens of Farmers Branch businesses into a lawsuit against the city.

"OK, 4,000 people voted, does that mean we throw the Constitution in the garbage?" Quintanilla said.

Forest Nelson, the attorney representing the Farmers Branch businesses, said any delay in the ban will not hurt Farmers Branch. But businesses are losing Hispanic customers now.

Roman Pacheco, owner of Luxor Furniture, said he's seen a 42 percent drop in business since the rental ban became an issue.

He said customers told him on the phone, "We won't go because Farmers Branch does not want us."

Patricia Lynn Gonzalez, owner of Las Regias, a Mexican restaurant, said her business has dropped 40 percent since November.

"They don't want to go through Farmers Branch," she said of her customers. "I heard customers even go around the city."

Travis Carter, a spokesman for Bickel & Brewer, a firm with two lawsuits against the city, said the Dallas-based firm may file another request for a temporary restraining order today.

THE RENTAL BAN

Farmers Branch's ban on renting apartments to illegal immigrants is scheduled to take effect Tuesday. Two-thirds of voters approved it in a referendum Saturday. The ban:

Requires apartment owners or managers to get a signed declaration of U.S. citizenship or legal immigration status. Prospective tenants also must provide documents to confirm their citizenship, such as a passport or immigration papers deemed valid by federal immigration officials.

Requires prospective tenants to sign a consent form allowing the documents' release to Farmers Branch and U.S. Immigration and Customs Enforcement.

Provides some exemptions for children, the elderly and families of mixed immigration status. The head of the household or spouse must be a legal immigrant or citizen to get this protection. Only children and parents directly related to the head of the household or spouse are protected.

Provides for a hearing before a Farmers Branch building official if the family is denied occupancy. The family may have access to all the relevant documents and bring a lawyer and interpreter at its expense.

The rental ban also says, "the City is not responsible for the further use or transmission of the evidence or other information by" Immigration and Customs Enforcement, leaving the door open to arrest, prosecution and deportation.

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


http://www.star-telegram.com/dallas_new ... 03546.html

Roman Pacheco, owner of Luxor Furniture, said he's seen a 42 percent drop in business since the rental ban became an issue

I guess you should never count on illegal activities and lawbreakers to pay you bills in a NATION OF LAWS...boo freakin hoo