Is new anti-illegal immigrant measure legal? Columbia County commissioners ask court to decide

By Kelly Moyer

The South County Spotlight, Nov 19, 2008, Updated 15.5 hours ago

Columbia County commissioners have asked the courts to decide if ballot Measure 5-190, the anti-illegal immigrant measure that passed Nov. 4 with 57 percent voter approval, is legal and enforceable.

The county filed for a Petition for Validation of Local Government Action with the Columbia County Circuit Court on Nov. 10 regarding the proposed county ordinance that would enforce Measure 5-190, which punishes business owners – particularly general contractors and subcontractors – in Columbia County who hire undocumented workers.

The courts will decide if any or all of the measure is legal and able to be enforced by the county.

A report filed two months ago by the county’s legal counsel cautioned commissioners that Measure 5-190 and the similar ballot Measure 5-191, which didn’t pass, were poorly written and unlikely to survive legal challenges.

Any person interested in contesting “the legality, validity and effectâ€