Local municipalities mulling law, not acting
Officials say they will delay at least until a verdict is made in recent Hazleton trial.
STEVE MOCARSKY smocarsky@timesleader.com
April 3, 2007 8:14 P.M.

In the aftermath of Hazleton’s Illegal Immigration Relief Act trial, officials who were considering passing a similar law in their towns said they had been following the trial and continue to take a wait-and-see attitude.

Plains Township solicitor Stephen Menn said discussions about an ordinance in the township have remained “on the back burner” since several Latino residents and organizations sued Hazleton in August to have the ordinance declared unconstitutional and in conflict with state and federal law.

“We’ll have to wait and see what happens. Any further discussions are pending the outcome of what happens with Hazleton. The outcome will play a big part in what municipalities decide,” Menn said.

Commissioner Chairman Ronald Fillipini nearly echoed Menn’s sentiments.

“We’ll just have to wait and see what happens. We want to avoid any legal problems,” Fillipini said.

Asked if he had any prediction on the outcome of the trial, Fillipini wouldn’t venture a guess given the complexities of immigration law and constitutional law.

“The judge said he’s going by law rather than the testimony. I just hope Hazleton comes out on top so we have something to go on for the rest of the area,” Fillipini said.

While U.S. District Judge James Munley will likely give some consideration to the approximately 50 hours of witness testimony and remarks from attorneys over the nine-day trial that wrapped up on March 22, Munley said he’ll be looking even closer at testimony, briefs and expert reports relevant to the law.

If Hazleton does win the trial, Menn said it would probably still be too early to move forward with an ordinance in the township, given both sides’ vows to appeal a loss to a higher court.

“If the municipality lost, we clearly wouldn’t do anything. But if it was successful, you would have to consider what the basis of any appeal would be … and whether a stay was kept on the ordinance,” Menn said.

Munley issued a restraining order on the relief act and a related landlord/tenant registration ordinance on Oct. 31 – the day before the ordinances were to go into effect.

The ordinances would fine landlords who rent to illegal immigrants, suspend licenses of businesses that hire them and require all city tenants to show proof of citizenship or residency status.

Menn also would be hesitant to advise movement on an ordinance in the township pending the exhaustion of all appeals given the possibility that the ordinance could be amended again.

“They might do something a little different. They just did some tweaking again during the trial,” Menn said.

Defense attorney Kris Kobach announced changes city council intended to make or already made to the ordinance on the first and last days of the trial.

The city contends the changes were minor and only done for clarification purposes, but plaintiff attorneys said the changes addressed issues they raised in the lawsuit.

Larksville Council President Edmund Gryskiewicz said he had been following the trial, but he declined comment on the proceedings and his thoughts on an ordinance for the borough.

“I don’t want to commit myself. Our attorney told us to stay out of it” for now, Gryskiewicz said.

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