Judge rejects bid to block employer sanctions law

Mary Jo Pitzl
The Arizona Republic
Dec. 21, 2007 03:44 PM

"A federal judge on Friday denied a request to temporarily block the state's employer-sanctions law from taking effect, clearing the way for the controversial law to go into effect Jan. 1.

It also sets the stage for an 11th-hour legal showdown in San Francisco, as the business and Hispanic civil-rights groups which have been challenging the law intend to seek an injunction from the 9th Circuit Court of Appeals next week.

In his ruling, U.S. District Court Judge Neil V. Wake wrote that despite the plaintiffs' arguments that they would be harmed by the law, the greater harm would be to the general public if the law does not take effect as envisioned by the Legislature.

The balance of harm tips sharply against Plaintiffs, not in their favor," Wake wrote.

He noted that the county attorneys charged with enforcing the law stated in court earlier this week that they could not bring any enforcement actions until at least Feb. 1, casting doubt on the arguments that the imminent debut of the law would hurt anyone in the short run.

Wake also said that another requirement for granting the restraining order - that there's a likelihood of the challenge succeeding should there be an eventual trial on the law's merits - was not met.

Plaintiffs' attorneys had been bracing for a denial and have already laid the groundwork to file a request for a restraining order with the 9th Circuit court in San Francisco. That court has only three business days left this year in which to take action, as it is closed Dec. 24 and 25 for Christmas, as well as Dec. 31 for New Year's.

The law outlines penalties for Arizona employers found to have knowingly or intentionally hired illegal workers. Sanctions range from probation to suspension of business licenses to permanent revocation of the licenses for a second offense."

http://www.azcentral.com/news/articles/ ... 1-ONL.html