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Coalition Says Escondido’s Anti-Immigrant Housing Law Is Unconstitutional, Illegal

Landlords, Tenants Fight Back, File Suit to Halt Enforcement

Staff

A group of civil rights organizations, law firms, tenants and landlords is fearful that many Escondido residents may be homeless by the end of the month.

In response to an ordinance OK’d a few weeks ago, the coalition including the American Civil Liberties Union, the local office of Cooley Godward Kronish LLP, the Fair Housing Council of San Diego, the Mexican American Legal Defense and Education Fund, the People for the American Way, and Rosner & Mansfield LLP has filed a letter demanding that the city repeal what they call an “unconstitutional and anti-immigration ordinance.”

The group has filed a lawsuit in federal District Court in San Diego to overturn the ordinance.

At the same time, they filed for a temporary restraining order Nov. 8 to suspend enforcement of the ordinance.

Melissa Daar, California director of policy and field for the People For the American Way, said a hearing is scheduled for Nov. 16, just two days before the controversial law takes effect.

“There are a lot of legal reasons that make this law unconstitutional and illegal,” said Daar. “Our federal government is in charge of immigration policy because it makes sense, we want to have uniform laws across the country, and secondly this violates state law because of eviction procedures.”

The City Council passed the ordinance Oct. 18. It calls for punitive damages, including fines up to $1,000 per day per violation and possible jail time for landlords who rent to illegal immigrants.

The coalition says the law violates federal immigration law, since the federal government is responsible for enforcing immigration law.

The lawsuit says the law is unjust because it violates the rights of tenants and landlords, and federal fair housing and privacy laws.

They also say that the law discriminates against Spanish-speaking families since it is often difficult to distinguish between citizens and noncitizens.

Hardship And Homelessness

“This ordinance will create hardship and homelessness, and will force hard-working families and their children out on the streets,” said David Blair-Loy, legal director of the ACLU of San Diego and Imperial counties in a written statement. “It is, quite simply, inhumane and illegal.”

Opponents such as Blair-Loy argue that the law forces landlords “to take action that will discriminate based on race, color, or national origin, and placing them in the position of becoming federal law enforcement agents.”

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  February 8-14, 2010
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