Hazleton defense fund being used up, Web site renews call for donations

BY NICHOLE DOBO AND WADE MALCOLM
STAFF WRITERS

03/15/2007
Since July, more than $124,100 has been raised to pay for the defense of Hazleton’s illegal immigration ordinance.



By Wednesday, $50,527.38 remained.

The city’s Web site for the ordinance, www.smalltowndefenders.com, includes a renewed call for donations to pay for its legal battle, which is turning out to be a costly affair.

“We need your help,” the site urges with exclamation points. “Your contribution will help us win this fight!”

Since December, more than $70,700 of donations to the city were spent on legal fees.

It remains to be seen how much more it will cost for the federal court trial, which is expected to last at least two weeks.

Most of the costs were from the legal services of attorney Kris Kobach, a University of Missouri at Kansas City law professor who once served under Attorney General John Ashcroft. Mayor Lou Barletta has said Kobach is working at a discount for the city, but has not said what that rate is.

Besides legal services, the donated money has been used to upgrade a city computer to run the legal defense Web site and promote the ordinance. Combined, those costs accounted for less than $2,500.

Council never publicly voted to approve dispersal of those funds. Legally, it is not obligated to do so because the money is neither taxpayer dollars nor part of the general fund, said Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association. However, she does believe the public should be informed of where the money is spent.

“It is (the taxpayers’) elected officials spending that money in the name of the City of Hazleton for defense of a Hazleton law,” she said. “I think the public is entitled to voice its opposition or support of any expenditure.”

The cost of defending the suit against the city came up Wednesday during Barletta’s testimony. The city has a 2007 budget of $7.5 million and is having trouble paying for services like hiring an adequate number of police, city officials have said.

“I know money is tight in the budget,” Barletta tersely answered when asked about the city’s finances.

The judge eventually squashed the line of questioning, saying he is more interested with constitutional issues than the city’s financial woes.

Barletta has frequently said that the ordinance is meant to save the city the cost of providing city services, such as police protection, for those who are in the county illegally.

Besides the cost of defending the suit, Hazleton taxpayers could be on the hook for more than $1 million in legal fees from the other side if the judge rules against the city.

It’s unlikely the city’s insurance company will pay those fees, as the policy specifically states it does not pay out for these costs.

When asked about how the city would pay for those possible expenses, Barletta has said he would make public appearances and solicit donations.

ndobo@citizensvoice.com

wmalcolm@citizensvoice.com



©The Citizens Voice 2007

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