Thread: Judge blocks second Valley Park immigration law

http://publicbroadcasting.net/kwmu/news ... ectionID=1

Judge blocks second Valley Park immigration law
Matt Sepic, KWMU

ST. LOUIS (2006-09-27) For the second time this week, a St. Louis County judge has barred officials in the suburb of Valley Park from enforcing an ordinance aimed at combating illegal immigration.

On Monday, Judge Barbara Wallace issued a temporary restraining order against the first Valley Park law passed in July. Then Tuesday aldermen approved a more detailed version. But Wednesday, Judge Wallace blocked it as well, saying it needs more review.

Linda Martinez is one of the attorneys suing the city. She says among other things, the ordinance violates basic rights of due process.

"Somebody can make a complaint. Nobody gets to see that complaint," Martinez said. You have to, in abrogation of your Fifth Amendment rights, give up information, not knowing what the complaint is, not knowing who the complainant is. And then the punishment is imposed on you immediately with no recourse to court, with no recourse to administrative law."

A hearing on a preliminary injunction is set for November first.

Valley Park City Attorney Eric Martin declined to comment.

http://www.stltoday.com

Law aimed at illegal immigrants halted in Valley Park
By Stephen Deere
ST. LOUIS POST-DISPATCH
09/27/2006

VALLEY PARK

For the second time this week, a judge has blocked Valley Park from enforcing an ordinance targeting illegal immigrants.

On Wednesday, St. Louis County Circuit Judge Barbara Wallace said the legality of an ordinance the city had revised the night before was still open to debate.

Wallace issued an order Monday barring city officials from enforcing a law they had passed in July. On Tuesday, aldermen passed a new version of the ordinance, which would penalize business owners and landlords for hiring and renting to illegal immigrants.

On Tuesday night, Mayor Jeffery Whitteaker said the new ordinance seemed to render moot Wallace's original order and that he believed the city could begin enforcing the new ordinance immediately.

So attorneys for opponents of the ordinance asked Wallace to extend the original order to cover the new ordinance, which she did on Wednesday. The city had been sued Friday by a group of 11 organizations, including the Washington University School of Law Civil Rights & Community Justice Clinic and the St. Louis University Legal Clinic.

They asked that the ordinance be declared void. A trial is scheduled for Nov. 1.

Under the new law, the city would investigate whether an illegal immigrant is working or renting in the city only if it receives a complaint from a city official, business or resident.

Wallace was concerned that such complaints might be based solely on race or national origin. "What would have to be alleged in a complaint that would not be related to national origin or race?" she asked at the hearing Wednesday.

"I couldn't give you an answer," replied Eric Martin, Valley Park's attorney.

The new ordinance allows the city to suspend landlords' occupancy permits five days after it has notified them that they are renting to illegal immigrants, if they have failed to "correct a violation." During the suspension, landlords would be forbidden from collecting rent.

But Missouri housing statutes require landlords to give tenants 30 days notice before evicting them, said Kathy Wisnieski, an attorney with law firm Bryan Cave LLP.

"It clearly conflicts with Missouri housing laws," she said.

The city passed its original ordinance in July. Although no one was charged under it, at least three landlords were warned about renting to illegal immigrants.

sdeere@post-dispatch.com 314-340-8116

Here's what happened with this ordinance over the last few days if you missed it.

Valley Park becomes front line in fight over immigration

Valley Park passes new immigration ordinance

Valley Park immigration ordinance put on hold

Hon. Barbara W. Wallace

21st Judicial Circuit
Judge Barbara W. Wallace was appointed circuit judge on November 15, 1995. She became the first woman to serve as a presiding judge in the 21st Judicial Circuit in January 2001.

I want to know which Governor approved her appointment. MO has weird appointment rules.

Why is she busting their chops? Poor Valley Park City Attorney Eric Martin he's working his tail off. I mean, that could be good or bad just depends if she is conservative or not.

There is another hearing set for Nov. 1st.

Dixie

She was on Lou Dobbs yesterday, and she said she was going to block it

Originally Posted by ConcernedCitizen

She was on Lou Dobbs yesterday, and she said she was going to block it

Valley Park needs to get this out of the hands of that judge.

They need a better lawyer.

"What would have to be alleged in a complaint that would not be related to national origin or race?" she asked at the hearing Wednesday.

"I couldn't give you an answer," replied Eric Martin, Valley Park's attorney.

Give me a break.

A: Do credit/background check like most landlords do.
B: If it comes back as false/stolen i.d. then call the authorities.

There you go, race/nationality not relative.