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Article published Aug 28, 2005
Rights ordinance loses oomph
Impression of sanctuary may doom protection plan

By MATTHEW BENSON
MattBenson@coloradoan.com
After nearly two years of study and the formation of a special task force, a proposed Fort Collins ordinance that bars discrimination based on immigration status still faces an uphill battle.

The main sticking point: Should local police be able to ask whether you're a legal resident? What if you've been pulled over at a traffic stop - or are doing nothing at all?

A majority of City Council cast doubt on the proposal Friday, saying the measure is unnecessary or would limit the effectiveness of law enforcement.

Councilman Diggs Brown was typical: "We don't need to pass another ordinance that's going to tie the hands of our police officers in any way, shape or form."

Councilman Kurt Kastein balked at the ordinance's first clause, a provision stating that the city strives to provide equal services "to all individuals, regardless of race, ethnicity or immigration status."

"We are not striving to provide equal services to all people in our city if you include folks who are here illegally," he said.

Known as the Human Rights Protection Ordinance, the measure was introduced in 2003. Now at least nine drafts later, the measure is headed to City Council and is scheduled for a vote Oct. 4.

But unrest surrounding the measure remains.

The ordinance was created in response to increased immigrant scrutiny in the wake of the Sept. 11, 2001, terrorist attacks. Local immigrants' rights groups such as Fuerza Latina argued that some Fort Collins residents, especially minorities, felt threatened by law enforcement and were hesitant to seek government assistance, even in emergencies.

The answer, ordinance proponents argued, was a measure that would bar police and city employees from asking individuals' immigration status without just cause.

While that blanket protection no longer is written into the measure, it still places strict limits on when and how the immigration question can be asked.

During the investigation of a crime? Yes.

During a simple traffic stop? No.

"I do worry about minority privileges, minority rights. The legitimate Chicano population feels threatened," Councilman Ben Manvel said. "The fact that police treat someone differently based on how they look or the color of their skin bothers me."

But Police Chief Dennis Harrison opposes the ordinance because he believes it "makes a crime out of police doing their job."

Councilwoman Karen Weitkunat agreed, adding, "To some extent, it is condoning illegal activity."

The proposal states that "no city employee shall inquire into the immigration status of any person," and gives exemptions in a handful of cases such as determining eligibility for government programs.

"What we are doing is trying to protect the rights of members of our community," said Parker Preble, chairman of the city Human Relations Commission. "We don't provide sanctuary for illegal immigrants, or any immigrants for that matter."

But some critics charge that sanctuary - or at least the impression of sanctuary - is exactly what the ordinance would provide.

Mayor Doug Hutchinson said public interest in the measure has been high - and overwhelmingly negative.

"The typical (e-mail) is 'Do not pass something that would give sanctuary to illegal aliens,'" Hutchinson said. "That's probably 98 percent of (the feedback)."

But Human Relations Commission member Lester Washington countered that much of the opposition is due to misunderstanding.

"It shows that they don't understand the ordinance," he said. "It's not intended to tie the hands of police officers. It's not intended to tie the hands of the work of (Immigration and Naturalization Service).

"The Human Rights Protection Ordinance is not to protect illegal immigrants."

How would police know an illegal immigrant from a legal immigrant if they can't ask the question?

"It protects everyone from harassment, regardless of their immigration status," answered Cheryl Distaso, a member of the task force that helped shape the ordinance.

She said it appears that City Council support for the proposal has waned since four seats turned over with the April municipal election.

The new council is less familiar with the fears of minorities, she said, and hasn't heard their stories of harassment first-hand.

That's likely to change in the coming weeks.