Thread: Nebraska: No. 7 of 2009: Courts hear proposed ordinance

No. 7 of 2009: Courts hear proposed ordinance
By Tracy Buffington/Executive Editor
Saturday, Dec 26, 2009 - 02:54:34 am CST

The next chapter in Fremont’s nearly two-year debate over illegal immigration is set for Jan. 7.

That’s when Nebraska Supreme Court justices will hear arguments concerning over a petition initiative that seeks to hold a special election on a proposed ordinance that would ban the harboring, hiring of and renting to illegal immigrants.

Justices agreed to directly hear Fremont officials’ appeal of Dodge County District Court Judge John Samson’s April decision in the case. He ruled the city should hold the election sought through the petition drive headed by Jerry Hart, Wanda Kotas and John Wiegert.

The case landed in Samson’s courtroom after the city sought a declaratory judgment on whether the city could legally enact the ordinance.

Organizers gathered more 3,300 verified signatures on the petition, which were turned in Feb. 23, days before the deadline to do so.

After receiving the petitions, the city sought the declaratory judgment and the case was heard in April. On April 20, Samson ruled the "initiative petition should be placed on the ballot during a special election."

Council members, after a 56-minute closed session, voted 5-1 to appeal Samson’s ruling.

"The city council turned their backs on the lawful citizens of Fremont and upset a lot of people," Hart told council members during the April 28 meeting. "Now it’s time to let this go to a vote. It’s time for the voices to be heard. We don’t need to be dragging this thing out."

Council member Scott Getzschman, who made the motion to appeal the decision, said it was important for the city to do its due diligence.

"This is not a simple issue and could cost the city of Fremont millions of dollars," he said. "The only way we offset that cost would be through a higher levy. We’re already taxed too much. It’s a very difficult issues on both sides."

It’s an issue that first began in the summer of 2008 when then-council member Bob Warner sought an ordinance dealing with illegal immigration. That proposal failed on a split vote of the council.

It was then that Hart, Kotas and Wiegert started the petition drive using the same proposed ordinance.

While the Nebraska Supreme Court will write the next chapter on the issue, it might not be the final chapter.

www.fremonttribune.com

Why is it a difficult decision on both sides? They are ILLEGAL. Why doesn't the city have the right to get rid of them? IT IS AGAINST THE LAW!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

While the Nebraska Supreme Court will write the next chapter on the issue, it might not be the final chapter.

How many years have gone by now without a final ruling on the Hazelton Pa. case?