Federal Court Strikes Down Discrimination In Texas City (Again)

I have posted before about the anti-immigrant efforts of the city of Farmers Branch, Texas (a city of about 29,000 people bordering the northern edge of Dallas). The city council of that community is convinced that they should be able to usurp the authority of the federal government, and decide immigration policy for themselves.

Since 2006, Farmers Branch has passed a series of laws designed to discriminate against immigrants (especially those who are undocumented) -- and each time those laws have been slapped down by federal courts. Their latest effort is a city ordinance that requires landlords to get a permit from the city building inspector before renting out their property (either a house or an apartment). The city inspector was supposed to investigate the legal status of the prospective renter before issuing a permit.

The ordinance never went into effect, because a federal judge immediately issued a restraining order when it was passed. And last Monday, the U.S. 5th Circuit Court of Appeals issued a decision in the case. On a 9 to 5 vote, that court struck down the city's ordinance. Using the Supreme Court's 2012 decision invalidating much of Arizona's SB 1070, the appeals court said "legislation of (this) type is not entitled to wear the cloak of constitutionality". After learning of the court's decision, legal and policy director of ACLU-Texas Rebecca L. Robertson said:

"All of Texas benefits from the contributions of immigrants who live and work in our state. We fervently hope that this case marks the end of the anti-immigrant laws that target our friends, our neighbors, and our family members for harsh treatment."

I agree with the sentiment expressed by Ms. Robertson, but I think it's just a bit naive. Those who want the right to impose racial and ethnic discrimination here in Texas have proven themselves to be a hard-headed lot. I expect they will either waste a lot more of the city's money by trying to appeal this decision, or try to find another way to achieve their venomous and discriminatory crusade.

Farmers Branch Still Hates Hispanics

The racist city of Farmers Branch, located just north of Dallas, is continuing its war on Hispanics.   They have already wasted hundreds of thousands of dollars of taxpayer money by passing and trying to defend a couple of unconstitutional laws aimed at keeping undocumented workers from living or working in the city, including an ordinance forcing anyone who rents a home or apartment in the city to check the legal status of anyone trying to rent a place to live.

All of their efforts have been deemed to be unconstitutional by judges upholding the Constitution, but that hasn't stopped the city's leaders.   They continue to waste money trying to fight these cases in court.   Now they have gone a step further by targeting Hispanic high school students, many of which are American citizens.

Currently, students in Farmers Branch attend school in either the Carrollton-Farmers Branch School District or the Dallas School District, depending on what part of the city they live in.   But the city leaders are now considering withdrawing from those districts and creating a school district of their own.   They want to do this because the two districts will not let Farmers Branch discriminate against Hispanic students.

Some of the schools in the districts have a drop-out rate among Hispanics that is too high.   The Hispanic organization LULAC (League of Latin American Citizens) got a grant and is using that grant to mentor Hispanic students to keep them in school, and the program seems to be working.   Now most Texans would think this is a good thing.   Educated students wind up making more money (and spending it in the area), paying more taxes, and causing fewer problems (both legal and otherwise).

But it has made the Farmers Branch city leaders mad.   They don't care that the program is working and students (and the community) are being helped.   They just hate LULAC, because LULAC has helped to fight their racist city ordinances in court.   They accuse LULAC of being a political organization and say no political organization should be mentoring school students (although I'm sure they would have no problem with a white right-wing political organization mentoring white students, or a fundamentalist religious group mentoring students).

This is just petty, small-minded, and racist thinking.   With the problems being experienced by Texas schools, these high schools are right to embrace a free program that helps students stay in school and get their diplomas.   LULAC is not pressing any political agenda at the schools.   They are just helping these students to believe in themselves, educate themselves, and become better citizens.

Once again the leaders of Farmers Branch have let their hatred for people of a different color or culture get the best of them.   They are an embarrassment to all decent Texans (and Americans).

(Thanks to the excellent blog Pete's Place for bringing this to my attention.)

Farmers Branch Still On Racist Path

For over four years now, the city council of Farmers Branch (a suburb of Dallas) has been waging their own little private war against undocumented immigrants. They have passed a number of laws aimed at keeping these immigrants out of their city (and evidently the citizens of the city approve, because they haven't voted them out of office).

Each and every time, the racist laws passed by the city council have been struck down by the courts as being unconstitutional. But evidently the city of Farmers Branch has more money than they know what to do with, because they keep throwing good money after bad in these court fights. They need to let us know how they're coming up with all this extra money, since every other city in Texas is having trouble meeting their budget and most are having to cut city jobs.

The latest effort by these racists is a law that would require every landlord in the city to check the citizenship of a person before renting them a house or apartment. Any landlord that rented to an undocumented immigrant could be severely fined by the city. Last month, this ordinance was also struck down as being unconstitutional. The judge said the city was trying to enforce immigration laws -- a task reserved to the federal government by the Constitution.

But the city council has just met and decided to waste more of the city's money on their racist and futile quest to discriminate. They have decided to appeal the latest ruling to a higher court, where they will no doubt lose again.

I'll say one thing. Racists here in Texas sure are a hard-headed bunch.

Farmers Branch Loses Another One

The racist city council of Farmers Branch (Texas) is still trying to discriminate against immigrants and Hispanics in general. They've been shot down by federal courts at least twice before, including once last month (when they tried to make landlords check the citizenship status of renters).

But they're kind of hard-headed, so they tried again. This time they were going to force renters to get a license from the city before they could rent a home or apartment in Farmers Branch. The city would verify citizenship before they issued the license. But it doesn't look like that will get by a court challenge either.

Last Friday, U.S. District Judge Jane Boyle issued a temporary restraining order that prevents the city from proceeding with the renter's license program. The judge said opponents of the city's plan were likely to win their their court case because the city was intruding into an area reserved for the federal government -- immigration law.

Judge Boyle said, "The federal government’s authority over immigration would effectively be eviscerated." The city is expected to continue their racist efforts, even though it looks like they'll lose this one also. They're costing the city a ton of money in legal fees, but they seem to be getting a lot of political yardage among the city's white residents.

As long as city residents approve this racist display, I imagine the city council will continue.

Farmers Branch Defys Court Order

You may remember Farmers Branch. It's the suburban city just north of Dallas that tried to make it illegal for undocumented immigrants to live and work there. Their latest attempt involves making it illegal for apartment managers to lease or rent to immigrants without papers.

They have altered the ordinance a couple of times, trying to make it so it could pass court review. But several groups filed suit, and a judge issued a temporary restraining order. The order prevented the city from enforcing the immigrant ban until a trial could be held regarding the constitutionality of the ordinance.

But last week, the city did an incredible thing. They sent new license renewal forms to landlords in the city that contained a provision asking them to sign a statement saying they would not rent to immigrants without papers. They did exactly what the court order said they could not do.

The city said it was just a mistake -- they accidently sent out the wrong paperwork. But Bill Brewer, one of the opposing attorneys, has filed a motion asking the judge to find the city guilty of contempt of court. He said, "The difference hear is no small one. This is not misplaced parentheses or a date that was out of order."

The attorney is right. This was no inconsequential mistake. This was a direct and complete violation of the court order. The city should be found guilty of contempt and appropriately punished.

Farmers Branch Does It Again

The racists in Farmers Branch (Texas) just won't give up. Last year, they passed an ordinance that prevented home and apartment owners from renting to undocumented immigrants. Saying the ordinance was illegal, a judge issued a restraining order that prevented the city from implementing the ordinance.

But the city council wasn't happy with embarrassing themselves once -- they have now done it again. The city council just voted unanimously to approve a new ordinance they hope will accomplish what the last ordinance couldn't -- preventing undocumented immigrants from renting within the city limits.

The new ordinance would require all landlords to get a license from the city before renting a home or apartment to anyone. The city would then check against a federal database to determine if the renter was in the United States legally.

Of course, the new law is probably just as illegal as the first one, and it looks like the city council knows it. Councilman Jim Smith said, "This may [be] in the courts forever. I hope not, but the decision is: let's go for it."

But as stupid as that is, they did something even dumber. They forgot to check and see if there was a federal database available for their use. There isn't! Maria Elena Garcia-Upson, a spokeswoman for U.S. Citizenship and Immigration Services, says, "...there is no database where the city or anyone can pick up the phone and give alienage, like yes this person is legal or no that person isn't legal, there is no such database."

What a bunch of racist morons!

Farmers Branch Begins To Back Down

It looks like Farmers Branch officials are beginning to realize they passed an unconstitutional law when they banned the rental of apartments to immigrants without a green card. Sensing that U.S. District Judge Sam Lindsay was about to rule their new law violated the U.S. Constitution, attorneys for Farmers Branch have offered up some "compromises", and asked the judge to choose among them.

In issuing his restraining order on May 21, the judge had written that "the city has attempted to regulate immigration in violation of the U.S. Constitution."

They city has offered three alternatives to the judge. One would simply cut out any reference to U.S. Housing and Urban Development's prohibition on providing housing to illegal immigrants (it was determined that HUD's rules would also apply to many people who were in the country legally).

Another alternative would be to drop the $500-a-day penalty on landlords and eliminate the need to provide paperwork proving a renter was a citizen. It would however force renters to sign a document declaring they were legal immigrants.

The third alternative would eliminate the $500-a-day penalty and the need to sign a document, but would force renters to provide documentation showing they were legal immigrants. These alternatives would still allow the city to pursue renters for "fraud".

Nina Perales of the Mexican American Legal Defense and Education Fund (one of the groups suing the city) did not think the city's compromises were legally proper. She said, "That's not an appropriate thing for a judge to do. The judge decides what is constitutional and what is unconstitutional. The judge does not rewrite ordinances."

Ms. Perales is right. The city has stepped in a large pile of racist crap, and now they want the judge to pull them out of it. But that is not his job. His job is simply to point out the smelly nature of what they've stepped into -- it's their job to get out of it and clean their boots.

I suspect the city officials don't know how to write a constitutional ordinance. If so, they should resign. Their racist ordinance is unconstitutional, and this judge is fixing to tell them that. I hope the humiliation will be enough to keep them from pursuing further bigoted actions.

Judge Stops Farmers Branch Ordinance

On May 12th, 68% of the voters in Farmers Branch approved a racist ordinance that would force apartment owners to discriminate against Hispanics. The ordinance is supposedly aimed at illegal immigrants, but would force all Hispanics to prove they are American citizens before they could get housing in Farmers Branch.

The ordinance was supposed to take effect next Tuesday, but for now it has been stopped dead in its tracks. U.S. District Judge Sam Lindsay has issued an injunction that keeps the ordinance from going into effect. He said he had reason to believe that a lawsuit filed against the ordinance would succeed in federal court.

The ACLU and the Mexican-American Legal Defense and Education Fund have filed the lawsuit. They believe the ordinance is unconstitutional and illegal. Thank goodness for these two organizations who have stepped forward to oppose the "tyranny of the majority". Being in the majority does not give anyone the right to discriminate.

Another Lawsuit For Farmers Branch

A couple of months ago, the city of Farmers Branch [just north of Dallas] passed some bigoted ordinances that were like a slap in the face to over 37% of its population -- Hispanics. The ordinances make it a crime for landlords to rent to undocumented immigrants, make English the official language of the city and directs it's police department to enforce federal immigration laws.

Of course, the bigoted ordinances totally ignore some realities about the state of Texas. Not only were Hispanics in Texas for hundreds of years before white settlers came, but many Hispanics fought with the rebels who won Texas' independence from Mexico. You just need to look at the names of many Texas counties and cities to see the large number of Hispanic heroes in the state.

Hispanics have always been a valuable part of the population, history and culture of Texas, and they always will be. The ethnic bigotry shown by the Farmers Branch city council cannot change that fact.

The ordinances are bigoted because while they are aimed at a specific portion of our population, they really do not address the one issue which could really have a dramatic effect on illegal immigration -- the employers who take advantage of undocumented workers so they won't have to pay a decent wage.

It won't matter how many ordinances are passed or fences are built, the illegal immigration will continue as long as there are jobs for them to fill. All these ordinances will accomplish is to make life harder for all Hispanics -- even those who are citizens and legal residents.

It also is going to cost the citizens of Farmers Branch thousands of dollars to defend the silly ordinances in court. There has already been one lawsuit filed by a real estate broker and Farmers Branch resident, saying the city council violated the state's open meetings law in passing the ordinances.

Last Friday, three apartment houses joined together and filed another lawsuit against the city. They are asking a federal court to declare the rental ordinance to be unconstitutional. They are also asking the court to stop the ordinance from going into effect on January 12th.

A petition has been submitted to the city council with 1400 signatures demanding a vote on repealing the ordinances. Only 726 signatures were needed for the election to be held -- probably next May.

The ACLU and several Hispanic organizations are also considering lawsuits. Some may consider this as "piling on". I say the more the merrier. The city has embarrassed themselves, the Metroplex and the entire state of Texas. They must either withdraw the ordinances or pay the price for their bigotry.


UPDATE -- Well, that didn't take long! Today, the ACLU and the Mexican American Legal Defense and Educational Fund have filed suit against the city of Farmers Branch. The plaintiffs are a couple of landlords, some Hispanic citizens, and some children who are U.S. citizens, but fear the ordinances will force them to seperate from their parents.

This makes three lawsuits and a repeal petition now. Looks like Farmers Branch bought themselves a lot of trouble with their bigoted ordinances.

Petition Submitted For Vote On Anti-Immigrant Ordinance

A few weeks ago, the city of Farmers Branch passed an anti-immigrant ordinance targeted at the Hispanics living in the city. The ordinance has come under fire from Hispanic and civil rights groups, and at least one lawsuit has been filed to overturn the ordinance.

Residents of Farmers Branch have also been trying another way to get rid of the ordinance. They have been collecting signatures on a petition calling for a vote by the citizens on whether to overturn the ordinance or not.

The anti-ordinance citizens needed 700 signatures to force the city council to call the election. The group has now turned in the petition to the city council. The petition has over 1400 signatures. Now the city has 15 days to verify that at least 700 of the signatues are from registered voters living in the city.

Of course some of the ordinance supporters are claiming that many illegal immigrants may have signed the petition. But William Brewer, a petition organizer, answered that charge saying, "That was all a bunch of silliness. The petition was signed by registered voters."

According to City Attorney Matthew Boyle, if the petition is found to have 700 valid signatures, the city council will have to choose between repealing the ordinance or scheduling a city-wide vote for May 12th.

I seriously doubt the city council will repeal the ordinance, so it looks like the voters will get their chance to speak on the matter next May. I hope the decent citizens of Farmers Branch will overturn this bigoted ordinance. The city council has given their city a lot of bad publicity by passing it, and set them up to spend thousands of dollars trying to defend this obnoxious ordinance.

It's up to the voters now. The election next May will tell the nation just what kind of city Farmers Branch is -- bigoted or progressive and accepting. It will be interesting to see what choice they make.