Thread: ESCONDIDO THREATENED BY THE ACLU

ESCONDIDO THREATENED BY THE ACLU

Civil rights groups vow to keep pressure on Escondido

By: EDWARD SIFUENTES - Staff Writer

ESCONDIDO -- Civil rights attorneys vowed Monday to fight efforts to revive a controversial law barring illegal immigrants from renting in Escondido.

Last week, the city agreed to give up its legal defense of the law against a suit filed by the American Civil Liberties Union and other civil rights groups on behalf of two landlords, two illegal immigrants and the Escondido Human Rights Committee. But some City Council members said they plan to rewrite the law to address some legal questions before bringing it back.

"It can be fixed," said Councilman Sam Abed, who voted in favor of the rental ban when it was passed.


In issuing a temporary restraining order in November, federal Judge John Houston said the ordinance raised "serious questions" about how the city would address state fair housing laws and determine whether tenants are in the country illegally. The judge signed an order Friday permanently barring the city from enforcing the ban.

David Blair-Loy, legal director for the American Civil Liberties Union of San Diego & Imperial Counties, said the law can't be fixed by making a few changes.

"It was not just a technical glitch; there are fundamental constitutional problems" with the rental ordinance, he said.

Under the law, landlords would have been required to provide proof that their tenants are legal residents. The city would match the information to a federal database called the Systematic Alien Verification for Entitlements, which is run by the U.S. Citizenship and Immigration Services.

But cities don't have access to the information, partially because of federal officials' concerns about privacy.

Abed said he asked U.S. Rep. Brian Bilbray, R-Escondido, to investigate whether cities can use the program to verify tenants' immigration status. A spokesman for Bilbray said the congressman is researching the matter.

"We're going to have to look into how it was set up and if it can be changed," said Bilbray spokesman Kurt Bardella.

Council members Marie Waldron and Ed Gallo, who supported the rental law, also said last week they want to rewrite the ordinance.

"This is one glitch in the battle, not a defeat," Waldron said then. "I intend to make the ordinance stronger and more defensible."

In a radio interview last week, Gallo appeared to blame the judge.

"We ended up with a liberal judge. It was the luck of the draw ..." Gallo said. The judge "has a very empathetic attitude towards minorities."

Mayor Lori Pfeiler, who voted against the ordinance, said Monday she hoped the council would move on to other matters.

"Any ordinance that steps in front of the federal government will have legal problems," she said.

Council members agreed in a closed meeting Wednesday to drop the case in part due to its mounting legal costs. City officials said in a statement that continuing the lawsuit would be "unnecessarily costly to the city, and (would) unnecessarily consume the court's time."

The city agreed to pay $90,000 for the plaintiffs' legal fees, which both sides said was a reduced cost. City officials said Escondido's own legal bill was between $100,000 and $150,000.

Alan Mansfield, an attorney for the plaintiffs, said his law firm would continue its challenge against the city if it adopts a similar law.

"They can put whatever political spin they want, but the ordinance had serious problems," said Mansfield. "We'll devote whatever resources are necessary to take the case wherever it takes us."

-- Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.

http://www.nctimes.com/articles/2006/12 ... _18_06.txt

Comments On This Story

Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.

Press 1 for English, Press 2 for Deportation wrote on December 18, 2006 10:46 PM:"What the hell is Escondido doing paying the ACLU's attorneys fees? David Blair-Loy, I hope you end up with tons of Illegals camping in your backyard."

Scott wrote on December 19, 2006 1:38 AM:"With civil rights comes responsibility. Responsibility means not flagrantly ignoring our immigration law and defecating on the legal citizens of this country by doing so."

Hey esc? wrote on December 19, 2006 2:11 AM:"Smell the coffee yet?"

Greg in Oceanside wrote on December 19, 2006 3:59 AM:"And as US citizens we vow to support legislation to rid ILLEGAL ALIENS from our communities. As US citizens we vow to continue to vote-in leaders who will enforce our sovereignty and keep it illegal to sneak into our country and circumvent our current immigration system. As US citizens we vow to continue to make our country an inhospitable place for ILLEGAL ALIENS to settle. As US citizens we vow to support law enforcement to bring ILLEGAL ALIENS to justice. As US citizens we vow to keep ILLEGAL ALIENS from draining our resources and tax dollars. I implore Escondido and other cities to continue with their legislation and goal to rid our communities of ILLEGAL ALIENS."

Taxpayer wrote on December 19, 2006 5:01 AM:"What about our, legal citzens "civil rights"? Who is looking out for us, the people that go to work everyday, pay their taxes with the expectation that the laws will be followed and the criminals will be taken off the streets? What about our kids, the ones we are trying to teach about taking responsibility for their lives, for living legally within our country, obeying our laws BECAUSE that is the right thing to do? Who is looking out for people like us? "

Crimes and more crimes? wrote on December 19, 2006 6:19 AM:" There is a great deal of difference in an ACLU lawyer giving advice to criminals behind bars and giving advice to criminals on the run, and hiding from law enforcement. An ACLU lawyer advising a criminal to continue to commit crimes, and even to advising them to evade prosecution by escaping back into Mexico, is a crime in its self and is prosecutable, it seems to me? Are the illegals being exploited or taken unfair advantage of by the landlords? Everybody can see that there are wrongs going on here here, because there are laws being broken. The ACLU knows that. The illegals are breaking the law just by being here. If the landlords are allowing the illegals to live in squalor with their children, overloading the sewers, disturbing the neighborhood, then both the illegals and the landlords are breaking the law. Anybody can see that it is just not right. But as always we have to work these things out, and finally the laws will be written right so that it will be foolish to challenge them. And then, to their disappointment, perhaps the ACLU lawyers can go back to waiting on tables, working as buyers, or what ever they do to earn a living."

Ha Ha! wrote on December 19, 2006 6:24 AM:"I'd love to see the check Escondido writes to the ACLU. And now the three threaten to pass another ordinance - Yippee! Another check for the ACLU! The three say this ordinance will be legal, but isn't that what they said last time? The Goddess blesses the ACLU, and Escondido helps finance them. "

john wrote on December 19, 2006 6:33 AM:"was this judge appointed or elected?We need to get rid of that clown."

Concerned wrote on December 19, 2006 6:36 AM:"It is not right the Mrs. Waldron, Mr. Abed and Mr. Gallo, utilize tax payers funds to pay for attorney bills for the ACLU. If they are such a strong supporters of the ACLU, they need to come up clean and not "invent" ordinances to use as a shield to be able to financially support the ACLU. By the way, those funds are needed to pay for street repairs, better parks, cleaning, etc. But, voters that supported the three stooges are also supporting the ACLU. "

El Guero wrote on December 19, 2006 6:45 AM:"These anti-American groups should know that this issue, and efforts to address it, will not go away until the illegals do. Californiia fair housing laws don't cover illegal immigrants. Once this is established and the bogus privacy issue is resolved, the Constitutional problems go away, followed by the illegals."

Jake wrote on December 19, 2006 7:14 AM:"David Blair-Loy, legal director for the American Civil Liberties Union of San Diego & Imperial Counties is stretching it a bit too much. The problem as it was very evident to EVERYONE is that someone really stupid WROTE Escondido’s ordinance. Even the judge questioned if attorneys or city employees wrote it. It is evident that city employees are not too sharp here but never the less fundamentally ordinances can be enforced and be legally binding if Escondido were to take proper steps like document the vermin, go after slump landlords for renting homes that are not within the health and safety codes, ( a whole lot of them) have restrictions on how many unrelated people live per home, (certainly not 20 or so) and the most important one go after gangs and drugs, REPORT fraud like welfare, WIC, phony ID cards etc."

Ray wrote on December 19, 2006 7:35 AM:"Move on evryone, extreme standpoints will lead nowhere as you see it, try compromising and above everything educate yourselves."

Dont Fear ACLU wrote on December 19, 2006 7:48 AM:"Why pay attention to the Anti-american Communist Libertarians United? They will attack any and everything that rational true Americans stand for--so just do it! Pass an ordinance against overnight street parking--that will take care of the five families living in one house, since they have at least 8 cars parked out front. Maybe these five families are Canadians, anyway, so it isn't racist!"

Robert24 wrote on December 19, 2006 8:06 AM:"Again, I say please let me know where the bucket is to contribute to paying off the idiotic ACLU bill. I will be happy to contribute. At least Escondido has the courage to stand up and attempt to protect the rights of those of us here legally. The ACLU is one huge anti American joke. David Blair-Loy has his head so far in the sand that he probably thinks the world is still flat too. Edward Sifuentes must have the majority of his family here illegally, since all of his articles are pro illegals. Wow, what a sorry bunch. I hope they all get a nice big family of illegals squatting on their property for Christmas (and I hope I offended you, David Blair-Loy for saying CHRISTmas!)!"

That's nice wrote on December 19, 2006 8:07 AM:"some attorneys from San Diego are joining the fight against illegal immigration Pro Bono"

We can always wrote on December 19, 2006 8:09 AM:"hold income tax payments until our employees in the congress and senate obey our laws. "

City of Escondido wrote on December 19, 2006 8:25 AM:"is coming out with new laws: Sec. 16-237. Swap meet license suspension. In addition to the authority granted in section 16-235 of this article, a swap meet lot license may be suspended if it is determined by the director or chief of police that the operation at the swap meet is contrary to the public interest or does not comport with the public welfare. (Ord. No. 95-1, § 1, 2-8-95) Can ACLU say shucks! Foiled again! "

Ron wrote on December 19, 2006 8:41 AM:"Can anyone tell me why this council does not use city health and safety codes to enforce this issue? Obviously, Federal law seems to prohibit local Government from enforcing Federal immigration laws. But, that does not mean that they do not have tools available to them to crack down on the over-crowding, and unsafe living conditions. Do you find it odd, as I do, that these groups, El Grupo, the ACLU are not asking this council to enforce housing ordinances against slum lords? I guess there's no money in it."

Shaking the Money Tree wrote on December 19, 2006 8:53 AM:"They should start a well advertised legal defense fund to raise money for the new ordinance. I know many taxpaying legal residents who would contribute and volunteers who would canvass their neighborhoods to raise funds. If the federal governement won't protect the taxpayers from the siphon of dollars going to services for illegals, the cities are going to have to do it. There is no way defending the ordinance can possibly cost as much as the education, health and social services used by illegals!"

Concerned wrote on December 19, 2006 9:01 AM:"The person who posted on Dec 19 at 6:45 is not the "Concerned" who frequently posts. FYI. Although I don't live in Escondido, I admire the city for standing up to the problem at hand. Yes, the law could have been written better. And yes cities should not have to circumcede federal laws. But look at the facts: last night the news reported that 70 percent of patients they see in the ER have no insurance. I'm not saying they are all illegals, but I'm guessing that a high percentage are. And, I'm guessing that a high percentage are gang related, which also points back at the illegal community. Finally, paying the plaintiffs, which were two unidentified illegal aliens, $90,000 is just wrong. David Blair-Loy is certainly not protecting my civil liberties. And those of you who are jumping on the Escondido bashing band wagon: do us all a favor and get your head out of the sand!"

I smell a tax increase: wrote on December 19, 2006 9:28 AM:"4 esc. And it's all due to the fantastic efforts of the council. I'm proud of them."

Amazing wrote on December 19, 2006 9:32 AM:"It amazes me to see all these groups coming out of the woodwork to fight U.S. law. I think you all should use your strength to fight Mexico law in Mexico. You civil rights groups are destroying our country. Why don't you start defending the U.S. citizens instead of illegal law breakers? Hey Edward, I knew your name would be attached to this story."

Very Upset wrote on December 19, 2006 10:00 AM:"To Hey Esco, I smell the coffee and it smells GREAT. Hang in there Esco, stand strong. "

Wait a minute: wrote on December 19, 2006 10:13 AM:"Why is the city supporting the ACLU? Something wrong here."

Can American Citizens wrote on December 19, 2006 10:48 AM:"SUE our federal senators and the aclu? We need someone who fights for us!"

Peter wrote on December 19, 2006 10:52 AM:"I want to start a Civil Rights Group for Legal American's Again All Illegal's located within the bountries of the United States of American. I would hire one hundred thousand lawyers to file suits against "all" organizations that avocate the destruction of the basic principles this country was founded on. That my friends would keep the ACLU so busy they wouldn't have time for small time city ordinaces that improve living conditions for it's legal citizens. The ACLU only gets involved in issues that brings it "headlines" and cash.. if the issues doesn't qualify, you won't fine an ACLU lawyer in a hundred miles of the case. As for Escondido, use current laws, health, safety, zoning, tax, etc.. get smart, be quiet, keep it out of the paper and you'll see the illegals slowly disappear. I wish you well!! Keep up the fight, we want "right" to provail."

Housing wrote on December 19, 2006 11:47 AM:"Per Chapter 33 Zoning, Aricle 1, Sec. 33-8; Apartment means a room or group of two (2) or more rooms which is constructed, designed, intended for or actually used by, a single family for living and sleeping purposes for periods of thirty (30) consecutive days or longer. The term “apartment” includes all structures constructed under the provisions of the senior housing ordinance, Ord. No. 82-58, of the City of Escondido. "

Close the borders Completely. wrote on December 19, 2006 11:47 AM:"We legal Americans are frustrated and disgusted.It's treason to help these invaders into the US. We can't even enforce the laws which are supposed to protect us. It violates federal law to give aid and comfort to people in this country iwho are here in violation of our iimmigration laws. These "immigration" groups are really pro-criminal groups and they're winning and nobody has the courage to take them on and fight it to the end. Until we show them that they will suffer more by breaking the law than by following it, we have no chance. Close the borders completely for one year-no immigrants from Mexico or South America. Take the total number of people we allow to legally emmigrate from these nations and deduct the number who come here illegally and don't let anyone frm their countries in to the US until they've paid back the number."

Put your conveniences where you mouth is wrote on December 19, 2006 11:50 AM:"So how many of you complaining about illegals have done anything about it? It sounds like you don't want illegals living in Escondido, but is it okay to work here? Have you done your share? Have you stopped eating at restaurants? Buying new homes? Hiring landscapers? Cleaned your own house? Have you brought your car to the car wash?....Are you willing to wait an extra 15 minutes for lunch while the teenager behind the counter is sharpening his/her flirting skills? Do you actually think that teenagers are going to fill these jobs? If you haven't given up anything to help your cause...then quit your whining."

FYI wrote on December 19, 2006 12:02 PM:"If you hear screaming coming from an apartment, and call the police. The police don't need a search warrant to enter and investigate, yes even the illegals apartments."

Keep emailing and calling wrote on December 19, 2006 12:06 PM:"your law makers, demand the border fence is built and deportation begins immediately! Blogging is ok, just don't forget to call daily and complain."

That's right: wrote on December 19, 2006 12:27 PM:"Close the border. Don't eat mex food either. Call the police and say you hear foreigners in the neighborhood."

to Put your conveniences wrote on December 19, 2006 12:34 PM:"I've done my share, my house is 45 years old, I do my own landscaping, clean my own house and wash my own car. And I bring my own lunch to work so I don't need to wait in line. Please let me know what Illegals got kicked out of the country because of my actions. Or better yet, just send me a portion of your bleeding heart paycheck since mine shouldn't be going to Illegals since I've done my part. One more thing, my teenagers are working at these fast food jobs."

If we can wrote on December 19, 2006 12:45 PM:"increase property tax of the American citizen by $50,000.00 per year, we can keep the illegals living comfortable. I for one would like to see all property in Escondido taxed more heavily! "

Section 8 USC 1324 wrote on December 19, 2006 12:52 PM:"I am the law that addresses the legality of groups or individuals that transport, hire, harbor, or encourage illegal aliens. Google me and read me. You have problems with illegal aliens in Escondido because the U.S. Attorney General elects not to enforce me, and President Bush abides with that choice, both in violation of their oaths of office. Congress must hold the Executive branch accountable for this gross dereliction of duty."

Very Upset wrote on December 19, 2006 1:13 PM:"Responding to the comment about closing the border and not eating Mexican food. That's really funny because every time I go to a mexican restaurant all I see is white folks. Maybe we the Mexicans legal or illegal should boycott American products. Believe me you sure will feel it when your economy goes down the drain. Also, for all of you ignorant people illegals or immigrants are not only Mexican! "

Hey Gallo wrote on December 19, 2006 2:14 PM:"" The judge "has a very empathetic attitude towards minorities." Gee and I thought this wasn't about race..... "

Si se puede wrote on December 19, 2006 2:36 PM:"Yes we can demand our federal officials take their oaths of office seriously. Demand Congressional investigations and impeachment proceedings against those unwilling to enforce the laws on the books."

To Very Upset wrote on December 19, 2006 2:36 PM:"Please do boycott the American Stores, the American Schools, the American Hospitals and the American Freeways. "

Concerned wrote on December 19, 2006 3:17 PM:"Ahh the daily blog. I never fail to get enlightenment here. Today, that is in the form of this. Just enforce the laws on housing that apply to overcrowding, unhealthful conditions, parking, etc. Brilliant! And the ACLU would have nothing to complain about."

Sandy K wrote on December 19, 2006 3:36 PM:"To Very Upset: You are sooo right. Not all illegal immigrants are Mexican. Our neighborhood used to be great until the hordes of Irish illegals invaded and now keep us up all night with their loud Celtic music and incessant step dancing! RIGHT! Mexicans boycot us? Please do! Starting with our Public Services."

Very Upset wrote on December 19, 2006 4:00 PM:"To the person who wrote about increasing our property taxes are you crazy we already pay enough. You need to get out of town and be realistic. Boy all of you just want to blame everything that goes wrong on illegals. I didn't think we had so many racists people in Escondido. "

To Very Upset wrote on December 19, 2006 4:09 PM:"I know lets tax all of the racist in Escondido! La Raza, El Grupo and all the rest can pay higher taxes!"

Goodbye Escondido! wrote on December 19, 2006 4:36 PM:"Nice knowing ya! Soon the city will be renamed Tijuana Del Norte! Last American out, please bring the flag with you. "

Robert24 wrote on December 19, 2006 4:54 PM:"Hey, Very Upset, were you around on May 1st, the great Anti American Day hosted by illegals and their supporters? They all thought they would show us legal folks what would happen if they were gone. Can you say "backfire"? How about "huge backfire"? You wanna boycott? Go ahead; do it up big like last May 1st! No traffic, no lines at the grocery store, nobody in front of me with 6 kids and WIC coupons, etc. Nothing woke up the American public to the problem that illegals have created more than May 1st. Start planning the next one soon, okay?!"

Greg in Oceanside wrote on December 19, 2006 5:41 PM:"Here’s yet another story about ILLEGAL ALIENS from Ed Sifuentes. Why am I not surprised? Has anyone ever been to the SD Sheriffs and the LAPD 10 most wanted web sites? Let me give you some background; you won’t be surprised that a vast majority of those wanted are Hispanic, most of whom come from Mexico. On the SD Sheriffs web site you can navigate to the site that will query people held in our jails. If you punch in a last name and see how many inmates with that name are being held. Try a common name like “Garcia” as see what comes up. You’ll see something in the neighborhood of 50 with the “Garcia” last name. These are the people who have given all of us a bad taste in our mouth about our so-called “neighbors” from south of the border. Look at the news, including the NCT and you’ll see a disproportionate amount of crime being committed by Latinos. Why isn’t this discussed or talked about by Latino community “leaders” or Ed Sifuentes? For most of us, we’re not racist, we’re just sick and tired of what Latinos are doing to our communities. We’re sick of seeing our hard-earned tax dollars going to ILLEGAL ALIENS towards emergency health care, delivery of babies, and welfare. We’re tired of seeing neighborhood after neighborhood turned into barrios with multiple families living in a single-family dwelling with cars parked on the lawns and in the street. Here’s a couple questions for the Latinos; why do you wall in your homes with cinder-block and wrought-iron and park your cars on the front lawn? Are you afraid of your neighbors or neighborhood?"

Roberto wrote on December 19, 2006 6:00 PM:"Its about race & xenophobia. Has anyone else noticed that all the racist have toned it down a notch? I wonder if they are all back east with their families for the holidays. I guess maybe we could blame the Newfies instead of the Irish. Because if you had the luck of the Irish, you'd wish you was english instead. "

Fools wrote on December 19, 2006 6:36 PM:"Marie, Sam and Ed, Well you lost that one, and it was expensive. So who's next? "

Samantha wrote on December 19, 2006 6:57 PM:"Concerned- it sounds like you need a break from the screen, who cares who posted here or there does it really matter?"

Reardon wrote on December 19, 2006 7:25 PM:"There will be plenty of pressure to go around -- Employer raids, traffic stops, code enforcement, social pressure -- at some point the cost of being an illegal alien will be higher than the benefits available. "

Sam Abed - Legal Genius wrote on December 19, 2006 8:25 PM:"So Escondido, are you going to take advice from the legal genius, Sam Abed. Go for it, bring it on baby!"

Jimbo to "put your conveniences.." wrote on December 19, 2006 11:19 PM:"Nice feeble attempt to condone illegals existence in this country. For your info: I have never hired anyone to clean my house or take care of my lawn. I worked fast food as a teenager, and was the best employee they ever had. Most of my legal citizen friends worked similar jobs and did well too. Bring my car to a car wash? I made that mistake once. 10 dudes that "cleaned" my car and expected a tip. Had to go back over it when I got home. Yes, I live in a house. No I didn't hire illegals to build it. Doubt I got any "discount". Bear n mind, the construction companies that hire low wage labor are greedy, doubt they passed any savings on to the consumer. Bottom line, illegals exploit social services, create gang problems, steal and/or use fraudulent IDs, bring down quality of education. And by the way, I have written both of our senators, and Representative Bilbray to let them know my position. So my money is where my mouth is. Secure the border. Enough is enough."

Shell answer man to 'Greg in Oceanside' wrote on December 20, 2006 4:53 AM:"Your question about the cinderblock and wrought iron fences caught my attention. I walk in my neighborhood in Escondido so I can see more than you can see just driving by. Those fences hide 'third-world' conditions. They might be described as the 'junk drawer' of the new urban paradigm. You need to adjust and appreciate this view of our new vibrant urban reality. If you would see what I see, it would be old mattresses, old non-functioning appliances, general recycliable items, old vehicles, old dogs, old exercize equipment, trash and more trash and last but not least, CHICKENS, lots of chickens. Good fences make good neighbors. ?"

Skip wrote on December 20, 2006 10:55 AM:"And now the Threats! When the Illegal Alien Groups do not get their way, or feel threatened, They make the threats. If Escondido decides not to give up the fight how dare they threaten the city wwith financial Ruin. These activists and Illegal Aliens that would subvert are laws are just plain dirty."

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http://www.nctimes.com/articles/2006/12 ... _18_06.txt

ACLU cautions city not to revive illegal-immigrant rental law

By J. Harry Jones
UNION-TRIBUNE STAFF WRITER
December 19, 2006

ESCONDIDO – The lawyers who successfully challenged the city's illegal-immigrant housing ordinance said recent statements by council members that legal obstacles can be overcome are unrealistic.

They also warned that should Escondido try to enact a similar ordinance, it would cost the city dearly.

David Blair-Loy, legal director of the American Civil Liberties Union of San Diego and Imperial Counties, said fundamental problems will exist with any ordinance designed to banish illegal immigrants.

Last week, after the Escondido council agreed to rescind an ordinance adopted in October, several council members said they hoped to create a better one in the future.

“If they even get close to this topic again, we will look at it with a microscope,” Blair-Loy said yesterday in response to the comments. “If we do have to sue them, it will be a lot more painful experience than it was the first time . . . they may not have such a quick, easy, painless exit from the case.”

Alan Mansfield, of the law firm Rosner & Mansfield, concurred. “There would be no discount and be no settlement this time,” he said.

The original ordinance, approved on a 3-2 vote, was intended to punish landlords who rented to illegal immigrants. Proponents said overcrowding and crime caused by illegal immigration – and the federal government's inability to do anything about it – were hurting the city.

The law was challenged in a federal lawsuit filed by the ACLU on behalf of two landlords, two illegal-immigrant renters and others.

A temporary restraining order was issued by U.S. District Judge John A. Houston, who pointed out numerous problems with the measure.

Last week, the council agreed to pay the ACLU and the various law firms who had filed the suit $90,000 to cover their legal fees and to block enforcement of the ordinance.

But the next day, four of the five current council members said they hoped to return with a new ordinance that could survive legal challenges.

“This is not the end,” Councilwoman Marie Waldron said. “This is the beginning of a fight. I'm looking at this as a glitch, a minor one at that, as we move ahead to strengthen the ordinance.”

Escondido City Attorney Jeffrey Epp said yesterday he was aware of statements by Waldron and other council members, but that there were no plans at present to recraft an ordinance. “We obviously haven't taken any collective action, and we didn't talk about any future actions in closed session,” Epp said.

Philip Tencer of the law firm Cooley Godward said the Escondido ordinance “will require something more substantial than a little tweak.”

Tencer said he hoped the city has learned its lesson. “To blame all the ills of a city on illegal aliens is ridiculous,” he said.

Blair-Loy said several basic constitutional issues would make it unlikely any ordinance resembling the one Escondido passed could be enforced.

First, he said, the issue of housing illegal immigrants is “purely for the federal government. . . . This is not an area the cities and states are allowed to get into.”

Second, he said, it's hard to imagine how a local ordinance could provide due-process rights. He said the Constitution guarantees people – landlords and tenants in this case – the right to contest allegations and to confront their accuser.

Federal fair-housing laws also are likely to be a big hurdle, he said. Just because an ordinance says it won't discriminate based on race or national origin, “In the real world we all know what they are talking about.”

Mansfield said, “If they think they can just amend it, they are sorely mistaken. They should not even be considering it.”



--------------------------------------------------------------------------------
J. Harry Jones: (760) 737-7579; jharry.jones@uniontrib.com

http://www.signonsandiego.com/news/nort ... 9aclu.html

Sometimes I think the ACLU should be banned.

I think the city should countersue the ACLU for aiding and abetting the illegals using tax payers dollars to do it. I think we should try to force them into dropping the American part of their name.

Maybe American citizens should try sueing the ACLU if taxpayer's money support the ACLU.

Who are these dam people coming into our country, hiring their dam lawyers to sue our city and town governments because they do not like our laws? I am so sick of this crap, I have never before despised a group of people as I do these illegals and their ambulance chasing lawyers! It has nothing to do with racism, it has everything to do with illegal people thinking they have the right to tell us how to run our country, the thing is our whole dam government seems to be on their side, the laugh is on us they are using our own tax dollars to try to ruin our towns and our whole coutry!