Judge throws out sanctions lawsuit

Brahm Resnik
12 News
Dec. 7, 2007 08:52 PM

"A federal judge tonight threw out a lawsuit challenging the state's new employer sanctions law, apparently clearing the way for the law to take effect Jan. 1.

In his 25-page ruling, Judge Neil V. Wake essentially said the plaintiffs -- a broad coalition of business and immigrant rights groups -- were suing the wrong people.

"This action must be dismissed without prejudice...there being no justiciable case or controversy against the defendants," the judge wrote.

He suggested that a suit brought against a county attorney, the office with primary responsibility for enforcement, might be more appropriate.

Arizona's employer sanctions law, viewed as one of the toughest in the country, would revoke the licenses of businesses that knowingly or intentionally hire or employ illegal immigrants.

The judge's opinion was released at 6:45 p.m. Friday, and caught many parties to the suit off guard.

Farrell Quinlan, a spokesman for business groups in the suit, said they planned to file more information with the judge to answer what he sees as shortcomings in the lawsuit.

Alfredo Gutierrez, a spokesman for immigrant rights groups, said they now plan to refile the lawsuit after Jan. 1, when they might be able to show damages caused by the law.

A spokesman for Gov. Janet Napolitano, the lead defendant in the lawsuit, said she would have no comment tonight because her lawyers had not yet read the ruling."

http://www.azcentral.com/news/articles/ ... ng-CR.html