Potential legal battle concerns
Forty Fort council members
The Citizen's Voice
By
Heidi Ruckno
Forty Fort council
members worry passing a law on illegal immigration could all
but bankrupt the borough
The
ordinance, almost identical to the law passed recently in
Hazleton, would ban illegal immigrants from renting
property, punish businesses that hire them and make English
the official language of the borough.
“When (Councilman) Dave Williams initially brought up this
immigration bill, there were a few people, including
(Council President) Joe Chacke and myself, that recommended
we table this thing until Hazleton’s legal battles were
done,” Councilman Jim McCabe said.
The American Civil Liberties Union and the Puerto Rican
Legal Defense Fund told Hazleton officials they planned to
challenge the city’s law in court. Wilkes-Barre attorneys
Barry Dyller and George Barron are on board, according to a
letter sent to Hazleton Mayor Lou Barletta. The legal battle
could get expensive and most Forty Fort officials are not
ready to absorb similar costs.
The Citizens’ Voice recently reported City Council in San
Bernadino, Calif., determined it would cost at least
$750,000 to defend a similar proposal in federal court.
McCabe said Forty Fort’s annual operating budget is just
more than $1 million. Money set aside for legal fees was
reallocated to other areas after council decided not to
eliminate its police force, he said.
Last year, the borough considered the elimination of its
police force, citing economic hardship.
Chacke said a lengthy legal challenge would hurt borough
residents the most.
“We would have to raise our millage to pay off our debt or
drastically cut services, but hopefully that doesn’t
happen,” he said.
Councilwoman Sherri Yeninas is also concerned about the
financial burden a court battle could present. Like her
colleagues, she is certain the ACLU would challenge the
Forty Fort legislation.
“That would be a huge undertaking and Forty Fort is not
prepared to deal with it at this time,” Yeninas said.
Larry Frankel, legislative director for the ACLU of
Pennsylvania, could not say for sure if Forty Fort’s
immigration legislation would be challenged. However, he
advised any municipality considering such legislation to
wait and see how Hazleton’s law plays out in the courts.
Forty Fort Mayor Boyd Hoats Jr. thinks that’s good advice.
He said the ordinance has its good points, but its legality
has not yet been tested.
“We don’t need the American Civil Liberties Union knocking
on our door and throwing a lawsuit at us,” Hoats said.
Although he could not be reached over the weekend, borough
solicitor Sam Falcone said last week he would anticipate a
legal challenge if the law were to pass.
Williams admits illegal immigration is not currently a
problem in the town of 5,000 people, but he wants to pass
the law as a show of support for Barletta.
“I think the ordinance is the right thing to do,” he said.
Councilman Andy Tuzinski said he would second the proposal
if it was brought to the floor so the ordinance could be
publicly debated.
Even Williams agreed the borough has no money in the budget
to defend a legal challenge. The only money budgeted for
legal fees is the monthly stipend paid to Falcone, he said.
While Williams would rather make a statement now, he said he
would consider tabling the ordinance until council has a
better idea how it would hold up in court, as long as his
colleagues were in agreement.
“I think if many communities stand up and be counted along
with Hazleton, what are they going to do, sue everybody?” he
said.
Councilman Rob Craig thinks it is still too early for the
borough to worry about the cost of defending itself.
“I think that that is something that would need to be
discussed after it is passed,” Craig said.
Councilwomen Betty Mascelli and Deanna Brown and councilman
Dick Yingst could not be reached for comment.
Tonight’s meeting, which is open to the public, begins at
7:30 at the Forty Fort Borough Building.
hruckno@citizensvoice.com
