TX-Federal judge strikes down Farmers Branch ordinance

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Federal judge strikes down Farmers Branch ordinance against renting to illegal immigrants

06:45 PM CDT on Wednesday, March 24, 2010
By DIANNE SOLIS
dsolis@dallasnews.com

A Farmers Branch ordinance banning illegal immigrants from renting apartments in the city is unconstitutional, a federal judge ruled today.

U.S. District Judge Jane J. Boyle of Dallas found that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.

Boyle issued a permanent injunction to stop Farmers Branch from enforcing its Ordinance 2952.

"Ordinance 2952 is a regulation of immigration and is preempted by the Supremacy Clause of the United States Constitution because the authority to regulate immigration is exclusively a federal power," she wrote in her ruling.

"The Ordinance applies federal immigration classifications for purposes not authorized or contemplated by federal law. As a result, the Ordinance creates an additional restriction on alien residence in the city."

Farmers Branch Mayor Tim O'Hare, a strong supporter of the ordinance, said he would favor appealing Boyle's ruling. But, he said, the City Council would have to vote on that.

"The American people are tired of judges legislating from the bench," O'Hare said. "We will finally have our opportunity to have this matter heard at the appellate court level, where we fully expect to prevail. This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."

Across the nation, reaction to the Dallas decision was swift.

In Austin, at the American Civil Liberties Union of Texas, legal director Lisa Graybill praised the ruling, saying it "confirms what we have known from the beginning of this fight, back in November, 2006 – that Farmers Branch's effort to legislate in the realm of immigration is a quixotic attempt to circumvent federal law and clearly established precedent. …Hopefully the City of Farmers Branch will get out of the immigration enforcement business and move on to address its municipal obligations through more constructive and constitutional local policies."

Farmers Branch for years has been trying to enforce a ban on landlords renting to illegal immigrants, and Ordinance 2952 was the most recent effort. Previous versions of the ordinance have been struck down by the federal courts.

The city has spent about $3.2 million fighting lawsuits challenging its efforts over the years. The City Council was told in February by its finance director that another $623,000 might be needed in the year ahead.

The renters' ordinances regarding illegal immigrants and the resulting lawsuits have intensified frictions in the community and surrounding areas – and drawn national attention. Two-thirds of Farmers Branch voters approved a version of the ordinance in a vote in 2007.


http://www.dallasnews.com/sharedcontent ... 73fb1.html

[FB News] - Judge Rules Against FB Ordinance - and the Vote of FB Citizens Farmers Branch News to you - 2 hrs ago


When the citizens of Farmers Branch called on their city council to address
the rise of illegal immigration in our city and state almost four years
ago, everyone knew the fight would be long and arduous. The fight
continues.

A federal judge has declared unconstitutional a Farmers Branch ordinance
banning illegal immigrants from renting in the city. U.S. District Judge
Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to
enforce U.S. immigration laws, something the judge said only the federal
government can do.

"The American people are tired of judges legislating from the bench," Mayor
Tim O'Hare
said. "This decision is not unexpected but welcomed, because it allows us
to get closer to this ordinance becoming reality."

The Farmers Branch city council has been vigilant in carrying out the will
of the majority of the voters in Farmers Branch. Illegal activity of any
type should not be condoned, ignored or accepted. And in our current
political reality, where elected leaders at the Federal level seem to not
concern themselves with the wishes and sentiments of the people, lets
continue to work together as citizens to help our council stand up for the
rule of law.

FB News


This e-mail from our city was in my mailbox today, i say fight on ...

FedUpinFarmersBranch

Judge strikes down rental ordinance banning illegal immigrants


Posted on March 25, 2010 at 11:30 AM

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DALLAS — A Farmers Branch ordinance banning illegal immigrants from renting apartments is unconstitutional, a federal judge ruled Wednesday.

The Dallas suburb has tried for years to enforce a ban on landlords renting to illegal immigrants and a similar ordinance had been struck down before.

U.S. District Judge Jane J. Boyle of Dallas ruled the ordinance was an attempt to enforce U.S. immigration laws, which she said was something only the federal government can do.

"Ordinance 2952 is a regulation of immigration and is pre-empted by the Supremacy Clause of the United States Constitution because the authority to regulate immigration is exclusively a federal power," Boyle wrote.

She issued a permanent injunction that the city be prohibited from enforcing the ordinance.

Mayor Tim O'Hare, a supporter of the ordinance, told The Dallas Morning News he is in favor of appealing the ruling, but said the City Council must vote on that. He did not immediately return a call from The Associated Press Wednesday afternoon.

"The American people are tired of judges legislating from the bench," he told the newspaper.

Farmers Branch spokesman Barry Pound told the AP the City Council will "consult with the legal team and determine the basis for any appeal."

The lawsuit was filed on behalf of apartment owners and tenants.

"The ruling is consistent with court decisions around the country striking down anti-immigrant rental ordinances," said Nina Perales, southwest regional counsel for MALDEF, which represented apartment tenants. "There has been no case upholding one of these types of ordinances in the whole country. We hope that farmers branch stops throwing money away on misguided ordinances."

The Morning News reports that Farmers Branch has spent about $3.3 million fighting lawsuits challenging its efforts over the years.

The original ordinance was repealed and replaced by a redrafted one after being met with lawsuits and protests. The second attempt was challenged in court as well, with a federal judge eventually ruling it unconstitutional.

Perales said Wednesday' ruling addressed the city's third attempt.

"This is a case of three strikes and you're out," she said.

The latest version of the ordinance would have required prospective tenants of houses or apartments to get rental licenses. The city building inspector would verify with the federal government whether those who are not U.S. citizens have a legal presence in the country. Anyone deemed an illegal immigrant would be banned from leasing.

Plaintiffs attorney Bill Brewer of Dallas said apartment owners were particularly burdened by the latest ordinance.

"Learning to live together cooperatively, in harmony, is in the best interest of our state," Brewer said.


http://www.khou.com/news/texas-news/Jud ... 25637.html

"The ruling is consistent with court decisions around the country striking down anti-immigrant rental ordinances," said Nina Perales, southwest regional counsel for MALDEF, which represented apartment tenants. "There has been no case upholding one of these types of ordinances in the whole country. We hope that farmers branch stops throwing money away on misguided ordinances."




"This is a case of three strikes and you're out," she said.



This will be the first appeal in any case ...