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High court refuses to hear appeal in Bogota mayor's language fight
Thursday, September 28, 2006
BY DEBORAH HOWLETT
Star-Ledger Staff
A nonbinding resolution to make English the official language in the borough of Bogota will not be on the November ballot, after the state Supreme Court refused to intervene in the matter.

Bogota Mayor Steve Lonegan, who had proposed the ordinance, criticized the justices yesterday for refusing to allow voters to consider the measure: "The court has taken political correctness to new levels," Lonegan said.

Without comment, the high court declined Monday to hear an appeal of lower court decisions that barred the borough from voting on an English Empowerment Ordinance.

Lonegan had proposed the ballot measure following a dust-up over a McDonald's billboard written in Spanish. The restaurant chain refused Lonegan's demand to replace the Spanish ad with English.

While the English-only ordinance as proposed would not have applied to the billboard, it would have required all borough business be conducted and written in English, unless federal or state law requires otherwise.

Some saw the ballot measure as anti-immigrant, but Lonegan argued that approval would ensure that English would unify the Bergen County town of about 8,250.

According to the 2000 Census, 21 percent of Bogota's residents are of Hispanic heritage, up from 10 percent in 1990. Whites, who can include Hispanics, were the largest ethnic group in 2000, accounting for 76 percent of residents.

Bergen County Clerk Kathleen Donovan challenged the English-only ballot question in a lawsuit, relying on a legal opinion from county lawyer John Carbone, who said Bogota would be violating the U.S. Constitution by making English its official language. He said the authority to declare English an official language rests with either the state or federal government.

Lonegan dismissed that argument as "ridiculous."

However, a Superior Court judge ruled in favor of Donovan's lawsuit, and its decision was upheld by an appellate court before Lonegan went to the Supreme Court.


Deborah Howlett covers politics. She may be reached at (609) 989-0273 or dhowlett@starledger.com.