STATE NEWS
Farmers Branch council revising rental law
08:03 AM CST on Friday, January 19, 2007
Farmers Branch officials on Monday will consider tossing out a controversial ordinance banning apartments from renting to illegal immigrants and replacing it with a revised proposal.
The City Council made the decision at a special meeting Wednesday night, directing the city attorney to draft a proposed ordinance that will revise the citizenship or residency requirements in the original ordinance, which is the subject of four lawsuits.
It was unclear Thursday whether the new ordinance would specifically target illegal immigrants. The current ordinance, passed in November, requires apartment managers to obtain proof that tenants are U.S. citizens or in the country legally.
The revised ordinance, if approved, would be enforced only if voters approve it in a May 12 election. With that approval, the measure would take effect May 22.
Representatives of the Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union said Thursday that the city's reconsideration of the ordinance is in response to a lawsuit they filed claiming the measure is unconstitutional.
They said that in a document jointly filed by the city and two civil rights groups Thursday in federal court, the city agreed not to enforce the ordinance.
"Hopefully, the City Council will decide to abandon its efforts to turn landlords into immigration agents," said Marisol Perez, staff attorney for MALDEF.
City attorney Matthew Boyle said Thursday that he could not comment on the council's directive and could not give details of the requested ordinance revisions because they had not been drafted.
Mayor Bob Phelps did not return phone calls.
Council member Tim O'Hare, the driving force behind the apartment ordinance, did not return calls to his cellphone and office Thursday.
Tom Bohmier, a supporter of the city ordinance, was speechless when told the City Council may repeal its earlier decision.
"I guess I'm frustrated that once again, outsiders are manipulating our city's direction," he said, referring to the lawsuits filed against the city.
"The law is black and white, not shades of gray. People who are here illegally do not have any rights at all, yet we're giving them more rights than residents," said Mr. Bohmier, one of the leaders of supportfarmersbranch.com, which has rallied residents in support of the city and the original ordinance.
The council's directive also appears to make concessions to assertions included in a lawsuit that contends the city violated the Texas Open Meetings Act when the ordinance was adopted in November.
The directive states that the proposed ordinance will be posted on the city's Web site no later than 6 p.m. Friday and that the agenda for Monday's meeting will include a public hearing before the council votes on it.
The lawsuit, by resident and real estate agent Guillermo Ramos, accuses the city of violating open-meetings laws by deliberating behind closed doors on the apartment ordinance in November, then changing the order of the agenda and voting to approve it before residents could see the wording of the ordinance or comment on it.
"This is obviously an important day for all of the people in Farmers Branch who care about these types of issues, not just the ordinance that apparently will be no more, but for people who feel like public servants ought to comply with the law and the best government is one that is open and participatory," said attorney William Brewer III of Bickel & Brewer Storefront.
The Storefront represents Mr. Ramos in his lawsuit and three apartment complexes that are challenging the rental ordinance in a separate lawsuit.
The ordinance the City Council asked to have before it Monday also would repeal an ordinance adopted Jan. 8 that said the city would keep the apartment rule in place, but let voters decide in May if they wanted to keep it.
A state district court issued a temporary restraining order last week to prevent the city from implementing the ordinance Jan. 12. The restraining order was to be in place until Monday, when the court was expected to hold a hearing on a request for a temporary injunction, which would halt the city from enforcing the ordinance until the case went to trial.
But in court Thursday, the attorneys and judge in the Ramos lawsuit agreed to extend the temporary restraining order until Feb. 9, Mr. Brewer said. The judge and attorneys are scheduled to meet next Friday to discuss whatever action the City Council takes Monday and to determine if a hearing should be held Feb. 9 on the plaintiff's request for a temporary injunction.
Mr. Brewer said it appears that Farmers Branch is conceding that the original vote on the ordinance may be problematic.
"Unfortunately, they may not concede that the whole idea of this kind of legislation is a bad idea," he said. "They seem rather to want to fight with some of the arguments around the edges."
He speculated that the revised apartment ordinance that could go to voters in May will still include some restrictions on illegal immigrants.
But he said no matter what the council does Monday, the suit alleging Texas Open Meetings Act violations will proceed.
"If you look at the record of what came down here, this was done in violation of the Open Meetings Act in as many ways as you could do it and still think you were fooling everybody," Mr. Brewer said. "They conducted negotiations and deliberations in the background, and this was all wrong."
Chris McGuire, a leader of Uniting Farmers Branch, which opposes the apartment ordinance, said he thinks the latest move by the city may be just a ploy.
"This is an attempt by the City Council to kind of pull an end-run and stop the lawsuits," he said.
Resident David Koch, another supporter of the original apartment ordinance, said he also was surprised by the council's move to reconsider its earlier decisions.
"It looks like they're changing their mind. Somebody came in and said something is my guess," Mr. Koch said. "Is it a good move? I can't say, because I don't know why they're doing it. I can't say it's a bad move, because I don't know their rationale."
Mr. Koch said he assumes the City Council is acting on legal advice.
"I'd like to go crying, 'The sky is falling.' But working on litigation like I do, I know sometimes you have to adjust your strategies and tactics because of the outcome of research or the discovery of new facts. ... It sounds like what they're doing is fine-tuning, maybe."
Aug. 20 – Farmers Branch City Council member Tim O'Hare unveils his ideas that would make it tougher for illegal immigrants to live and work in the city. They include prohibiting landlords from leasing to illegal immigrants, penalizing businesses that employ them, making English the city's official language and ceasing publication of any documents in Spanish, and eliminating subsidies for illegal immigrants in the city's youth programs. Civil-rights activists immediately threaten lawsuits.
Aug. 26 – More than 300 protesters at Farmers Branch City Hall criticize Mr. O'Hare's ideas.
Sept. 5 – City Council members choose not to go forward with ordinances that would have restricted illegal immigrants from living and working in the city. They vow to pursue the measures if Congress doesn't come up with a plan to enforce existing laws and reach an agreement on immigration reform by the end of the year.
Sept. 9 – Mr. O'Hare says the anti-immigration issue is not dead, and the city's attorneys are crafting an ordinance that is likely to go to the City Council before the end of the year.
Nov. 13 – The City Council, following a discussion in closed session, unanimously adopts strict measures against illegal immigrants, requiring apartment renters to provide proof of citizenship or residency and making English the city's official language. It also agrees to let police apply to participate in a federal program that would enable them to check the residency status of suspects in custody and initiate deportation proceedings in certain cases. Some Hispanic activists said they will sue the city over the decisions.
Nov. 30 – Hispanic leaders launch a petition drive for Farmers Branch residents seeking a citywide vote on the ordinance.
Dec. 4 – Farmers Branch resident Guillermo Ramos sues the city and City Council members, saying council members violated state open meetings laws by deliberating immigration-related ordinances and policies behind closed doors.
Dec. 13 – Petition organizers turn in petitions to the city secretary, saying they have more than the 721 signatures needed to force the City Council to repeal the ordinance banning apartment managers from leasing to illegal immigrants or to call a special election on the issue.
Dec. 22 – Three Farmers Branch apartment complexes sue the city, asking that the new ordinance be declared unconstitutional.
Dec. 26 – The Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union Foundation of Texas, along with the ACLU's National Immigrants' Rights Project, file a lawsuit challenging the ordinance.
Dec. 27 – Farmers Branch certifies the petition seeking to force the City Council to repeal the apartment ordinance or force an election on it.
Jan. 8 – The City Council decides to hold an election May 12 on the ordinance banning apartment rentals to illegal immigrants. Council members decide to implement the ordinance on Jan. 12.
Jan. 11 – District Court Judge Bruce Priddy issues a temporary restraining order delaying enforcement of the ordinance in response to a request from Mr. Ramos, who sued the city over alleged Open Meetings Act violations. A group of merchants files the fourth lawsuit against the city, saying the ordinance and the resolution making English the city's official language have hurt their businesses.
Wednesday – The City Council, in a closed session, directs the city attorney to draft an ordinance for consideration Monday that would repeal the apartment ordinance. Council members also ask that the ordinance to be put before them Monday include revised apartment licensing standards regarding the citizenship or immigration requirements. That ordinance would only go into effect if voters approve on May 12.
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