Judge: Ala. immigration law can't nix car contract

montgomeryadvertiser.com
Written by
The Associated Press
11:49 PM, Oct. 24, 2011

BIRMINGHAM -- A judge is raising fresh questions about the constitutionality of Alabama's new law against illegal immigration in an early test of the crackdown in state court.

Circuit Judge Scott Vowell of Birmingham ruled Monday that a car dealer can't use the law for the dismissal of a lawsuit filed by men identified as illegal immigrants in court documents.

The dealer had argued a sales agreement cited by the men was invalid because the new law prohibits contracts with illegal immigrants.

But Vowell ruled that a section banning contracts with illegal immigrants conflicts with the Alabama Constitution of 1901, which bars laws that interfere with existing contracts.

Vowell didn't rule the section is unconstitutional, saying that it wasn't up to him to decide the broader issue. The lawsuit was filed last year by two men who said they were misled about the condition of cars they bought. They were awarded $3,400 and $5,200, respectively.

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