Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Court rules English-only petitions in SoCal recall were unfair (9th Circus alert)
Associated Press via San Jose Mercury News ^ | 24 November 2005

Posted on 11/24/2005 11:19:10 AM PST by CounterCounterCulture

Court rules English-only petitions in SoCal recall were unfair

Associated Press

SANTA ANA, Calif. - Petitions used for the 2003 recall of a Latino Santa Ana school trustee should have been printed in Spanish as well as English, an appellate court has ruled.

The trustee, Nativio V. Lopez, had come under fire for seeking exemptions to the state's English-only instruction requirements and was partly blamed for the district's lack of new school construction. He was recalled by 71 percent of voters.

The decision Wednesday by the U.S. 9th Circuit Court of Appeals could be used to force election officials throughout the state to require multiple-language petitions for ballot issues, voting-rights advocates said.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Crime/Corruption; Culture/Society; Front Page News; News/Current Events; Politics/Elections; US: California
KEYWORDS: 9thcircuit; 9thcircuitcourt; bilingual; english; multilingual; nativiolopez; petitions; recall; ruling; santaana; spanish; towerofbabble

1 posted on 11/24/2005 11:19:11 AM PST by CounterCounterCulture
[ Post Reply | Private Reply | View Replies]

To: CounterCounterCulture
What a



of



2 posted on 11/24/2005 11:20:50 AM PST by fallujah-nuker (America needs more SAC and less empty sacs.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CounterCounterCulture

Life is not fair. Live with it.


3 posted on 11/24/2005 11:22:35 AM PST by CindyDawg
[ Post Reply | Private Reply | To 1 | View Replies]

To: fallujah-nuker

Very clever!


4 posted on 11/24/2005 11:23:07 AM PST by brivette
[ Post Reply | Private Reply | To 2 | View Replies]

To: CounterCounterCulture

I went to the K-Mart here in Lodi. The signs were only in Spanish. Can I sue?


5 posted on 11/24/2005 11:25:08 AM PST by w1andsodidwe (Jimmy Carter allowed radical Islam to get a foothold in Iran.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CounterCounterCulture

If you can't speak and read English you should have no right to vote.


6 posted on 11/24/2005 11:26:14 AM PST by isrul
[ Post Reply | Private Reply | To 1 | View Replies]

To: isrul
If you can't speak and read English you should have no right to vote.

Those judges are enemies of the Republic.

7 posted on 11/24/2005 11:27:49 AM PST by af_vet_1981
[ Post Reply | Private Reply | To 6 | View Replies]

To: fallujah-nuker

ROTFLMAO !!


8 posted on 11/24/2005 11:29:00 AM PST by calrighty (. Troops BTTT)
[ Post Reply | Private Reply | To 2 | View Replies]

To: af_vet_1981

BTTT


9 posted on 11/24/2005 11:29:19 AM PST by calrighty (. Troops BTTT)
[ Post Reply | Private Reply | To 7 | View Replies]

To: CounterCounterCulture

Let me see if I have this right, it CA there is some way to negatively sign a petition? You could sign a petition in some way that would reduce the number of signatures?

By not printing Spanish language petitions, the recall group made it tougher to get the signaures. How can the court object to that?


10 posted on 11/24/2005 11:31:03 AM PST by JLS
[ Post Reply | Private Reply | To 1 | View Replies]

L.A. Slimes version of story.
11 posted on 11/24/2005 11:33:15 AM PST by CounterCounterCulture
[ Post Reply | Private Reply | To 1 | View Replies]

From L.A. Times version...
12 posted on 11/24/2005 11:35:49 AM PST by CounterCounterCulture
[ Post Reply | Private Reply | To 11 | View Replies]

To: CounterCounterCulture
Larry Lopez  (AKA Nativo Lopez) is   walking slime

From a column by Larry Elder:

Nativo V. Lopez is a former school trustee in Santa Ana, California. He heads up the Mexican American Political Association and Hermandad Mexicana Latinoamericana. Born in the United States and christened Larry Lopez, he changed his name to Nativo to stress his Mexican roots.

Like many so-called Hispanic leaders, Lopez readily whips out the race card. Of the proposal to put special marks in California drivers' licenses for illegal aliens, Lopez said such a designation would make illegals the "Jews of Nazi Germany in California," or the "new black slaves."

Lopez equates the term "illegal alien" to racial or religious epithets like "nigger" and "kike." (He also seems to constantly find himself in trouble.

California Attorney General Bill Lockyer threatened to revoke the non-profit status of Lopez's Hermandad organization for failing to file an IRS tax return or submit a state renewal fee since 1993.)

Santa Ana voters elected Lopez to the school district in 1996. He adamantly opposed Proposition 227 (the proposition that ended bilingual education in California), and vigorously resisted its implementation. Parents accused Lopez of refusing to implement the proposition, and campaigning for parents to sign waivers to keep their kids in Spanish language classes.

This so angered voters in the school district, they recalled Lopez two years ago by an embarrassing vote of over 70%. Lopez lost in every precinct, even the poor, heavily Hispanic ones.

A Santa Ana dentist born in Mexico told the Los Angeles Times why he voted to recall Lopez: "You don't come to the United States and say, 'I'd like to live in a city that looks like Mexico,'" said Arturo Lomelli. "You want nice things. You don't get them with a Nativo Lopez."

After his crushing defeat, Lopez,, of course, whipped out the race card again. "This recall wasn't just about Nativo Lopez" he declared, "It was to keep our people in check." Fortunately, voters saw it differently.

snip

13 posted on 11/24/2005 11:36:40 AM PST by DumpsterDiver
[ Post Reply | Private Reply | To 1 | View Replies]

To: isrul

AMEN


14 posted on 11/24/2005 11:37:24 AM PST by ridesthemiles (ridesthemiles)
[ Post Reply | Private Reply | To 6 | View Replies]

To: CounterCounterCulture

"In declining states the leadership intuitively choses the most harmful course of action."-A Great Historian 1888


15 posted on 11/24/2005 11:37:59 AM PST by AEMILIUS PAULUS (It is a shame that when these people give a riot)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CounterCounterCulture
So after we put the roughly 3,600 human languages on the petition, where is the room to sign it?
16 posted on 11/24/2005 11:38:40 AM PST by burzum (Great minds discuss ideas, average minds discuss events, small minds discuss people.-Adm H Rickover)
[ Post Reply | Private Reply | To 12 | View Replies]

To: JLS
ding...ding...ding...we have a winner.

I wonder if the court even considered if having spanish petitions would have changed the outcome ?
17 posted on 11/24/2005 11:47:57 AM PST by stylin19a (You can leed a Freeper to spllcheck, but you can't make him use it.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: CounterCounterCulture

I thought that to vote you had to be a citizen.
I thought that to be a citizen you had to either be born here, or be naturalized.
I thought that to be a naturalized citizen that one of the requirements was to either graduate from high school (assuming you that you were legally in the country) or to take a test in English.
Am I mistaken?
In other words, indirectly, at least, in order to be a citizen one must be able to speak English.
One would either be born and raised here, or enter the country as a child and then graduate from high school, or come later as an adult and take a test in English.
Is this correct, or am I missing something?
And if - indirectly at least - English was in this sense unofficially "required" (sort of) to become a citizen,
then why should ballots and petitions need to be in Spanish.
What am I missing here? Please help me.


18 posted on 11/24/2005 11:50:02 AM PST by Molly K.
[ Post Reply | Private Reply | To 1 | View Replies]

To: CounterCounterCulture
The decision Wednesday by the U.S. 9th Circuit Court of Appeals could be used to force election officials throughout the state to require multiple-language petitions for ballot issues, voting-rights advocates said.

I can't wait until this gets to the "Roberts Court." This will get B*tch slapped down. It might even be the end to multiple-language ballots, etc.

19 posted on 11/24/2005 11:52:34 AM PST by Cowboy Bob (Liberalism cannot survive in a free and open society.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: AEMILIUS PAULUS
""In declining states the leadership intuitively choses the most harmful course of action."-A Great Historian 1888"
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>............
Judges must correct the inherent errors in the republic, overrule the people who just don't understand the basic good is served best by lawyers in black robes..The fears of the founding fathers have come upon us.
20 posted on 11/24/2005 11:53:53 AM PST by ConsentofGoverned (if a sucker is born every minute, what are the voters?)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Molly K.

I'm sorry, I can't help you. You think too logically. We are now under a judicial oligarchy and they know what's best for us, Constitution be damned.


21 posted on 11/24/2005 11:55:18 AM PST by CounterCounterCulture
[ Post Reply | Private Reply | To 18 | View Replies]

To: DumpsterDiver
Thanks for the Larry Elder column He could really establish his Mexican roots by actually rooting himself in Mexico. Adios, Señor Lopez.
22 posted on 11/24/2005 12:00:38 PM PST by CounterCounterCulture
[ Post Reply | Private Reply | To 13 | View Replies]

To: CounterCounterCulture
Here's some more on Lopez:
Meet Nativo Lopez, the Latino Al Sharpton. He's changing California politics--for the worse.

LOPEZ'S ANIMUS isn't limited to Republican lawmakers. He's just as willing to go to war with corporations. Earlier this month, Lopez began a PR campaign against Ameriquest, claiming that the California-based mortgage concern "targeted poor people and minorities." What Lopez didn't mention is that, for the past two years, he and a new tax-exempt spin-off, Hermandad Mexicana Latinoamericana, have teamed up with American National Mortgage to offer mortgage services to Hermandad's pre-citizenship members. (If the goal is to make Hermandad a fully-licensed mortgage broker, then Lopez should check the law: according to federal Fair Housing Act, it's illegal to "advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap.")

Then again, it wouldn't be the first time the Lopez has run afoul of the law for his political activities. In November 1996, Lopez was busy getting out the Latino vote to elect Loretta Sanchez to Congress--in the process ousting the conservative Republican incumbent, Bob Doran. Dornan lost by less than 1,000 votes; Lopez and Hermandad registered 364 ineligible voters--non-citizen students in a citizenship class. A congressional inquiry issued subpoenas, but fraud charges were never filed (in part, because the 364 votes weren't enough to change the outcome).

More recently, California Attorney General Bill Lockyer issued a "Warning of Impending Tax Assessment" to Hermandad for non-compliance and threatened to revoke its tax-exempt status if it didn't make good on delinquent fees. (Hermandad allegedly has failed to file its IRS tax form or submit a state renewal fee since 1993.) Lockyer, who's running for state treasurer next year, issued his warning in early April and threatened action within 30 days, but has let the matter drift for nearly five months.

The list of controversies goes on. During his 2000 reelection bid, Lopez was accused of raising nearly $150,000 from architects with business before the school board. Two years later, an Orange County Register exposé alleged that Lopez received $100,000 in contributions to his nonprofit group, Citizens in Action, from Del Terra Real Estate Services--before that company received a no-bid contract to build schools in Santa Ana. That same year, the Register also reported that "a Santa Ana nonprofit has agreed to pay more than $600,000 to the U.S. Government to settle a case in which prosecutors alleged that Hermandad Mexicana Nacional leader Nativo Lopez wrongly diverted grant money meant for English classes for immigrants."

snip

The Weekly Standard
September 2, 2005


23 posted on 11/24/2005 12:04:13 PM PST by DumpsterDiver
[ Post Reply | Private Reply | To 22 | View Replies]

To: CounterCounterCulture
There was a time I thought the pun "9th Circus" was sort of cute and amusing.  But, that time is long past.

Circuses are places of enjoyment.  Places where families can feel at ease and laugh with one another.  And though I personally dislike clowns, they are professional humorists who aren't hurting anyone.

The 9th Circuit Court, on the other hand, is completely out of control; seemingly operating without any common sense or understanding of logical boundaries in human affairs.  Sure, they were sort of funny as they started to slip into the realm of anti-sense - back when their bizarre rulings were effecting narrow slices of the population - but now, after taking their first timid steps into absurdity, they feel comfortable and they've plunged head first into committing serious damage to this country on a regular basis.

Calling them a "Circus" is just flat-out insulting to circuses.

24 posted on 11/24/2005 12:12:28 PM PST by Psycho_Bunny (Base. All Yours = Mine.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: isrul

My feelings exactly!


25 posted on 11/24/2005 12:14:30 PM PST by JOE43270 (JOE43270 America voted and said we are One Nation Under God with Liberty and Justice for All.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: CounterCounterCulture

Its high time the legislature excercised its right to set the jurisdiction of the courts by declaring the 9th circuit area to be a 5 foot square piece of earth and only able to rule on cases arising in that 5 foot area.


26 posted on 11/24/2005 12:17:58 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: isrul
If you can't speak and read English you should have no right to vote.

You forgot to add pay taxes as part of your criteria to vote.

27 posted on 11/24/2005 12:22:48 PM PST by Cobra64
[ Post Reply | Private Reply | To 6 | View Replies]

To: festus

If you put that 5 square feet out in the middle of Death Valley, and require the 9th Circuit Court to meet there daily, I'd like your idea even more.


28 posted on 11/24/2005 12:22:58 PM PST by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Molly K.

Indians were born here and might, plausibly, not have learned English. I don't think this is the case though.


29 posted on 11/24/2005 12:41:38 PM PST by Jack Black
[ Post Reply | Private Reply | To 18 | View Replies]

To: CounterCounterCulture

"The decision Wednesday by the U.S. 9th Circuit Court of Appeals could be used to force election officials throughout the state to require multiple-language petitions for ballot issues, voting-rights advocates said."

==

Instead of that the CA Legislature should make a law, declaring English as the official language of CA.


30 posted on 11/24/2005 12:54:51 PM PST by FairOpinion
[ Post Reply | Private Reply | To 1 | View Replies]

To: CounterCounterCulture
I was told everyone was assimilating so well because they are so grateful to be in America...
31 posted on 11/24/2005 12:56:19 PM PST by Borax Queen
[ Post Reply | Private Reply | To 1 | View Replies]

To: JLS
Bingo.
32 posted on 11/24/2005 1:04:24 PM PST by Carry_Okie (There are people in power who are truly evil.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: CounterCounterCulture
This is another bullsh*t decision of the Ninth Circus Court of Appeals. The petitions to get any question on the ballot are merely to show that there is a necessary minimum of interest, so that the question should be voted upon. Doing the petitions only in English REDUCES the number of people who might sign the petitions.

So the fact that some people might not have been able to read the petitions is utterly irrelevant to the outcome of the election itself, once the matter (here, a recall) goes on the ballot. The Hispanic public official who was booted out of office by the voters was making a phony claim to hang onto office, and the Ninth Circuit bought that argument.

Too bad fenederal judges cannot be recalled from office. These clowns would be out of work in a New York minute.

Congressman Billybob

Latest column: "What If the French Had Pulled a 'Murtha' in 1781?"

33 posted on 11/24/2005 1:30:19 PM PST by Congressman Billybob (Do you think Fitzpatrick resembled Captain Queeg, coming apart on the witness stand?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CounterCounterCulture
Remarkable ruling considering most of the voting rights act of 1965 is itself unconstitutional. The 15th Amendment only provided for:

The proposition [15th amendment] before the House is to change the Constitution of the United States that no State shall hereafter discriminate among citizens of the United States with the right of suffrage on account of family or race.

Were these citizens? Were they denied a right to vote because of race? Federal courts have no jurisdiction in this nor does Congress.

34 posted on 11/24/2005 2:00:38 PM PST by AZRepublican
[ Post Reply | Private Reply | To 1 | View Replies]

To: FairOpinion
the CA Legislature should make a law, declaring English as the official language of CA.

It already is, it's just that nobody notices. Here's an excerpt from California's constitution.

California State Constitution

Article 3
SEC. 6.

(a) Purpose.
      English is the common language of the people of the United States of America and the State of California. This section is intended to preserve, protect and strengthen the English language, and not to supersede any of the rights guaranteed to the people by this Constitution.

(b) English as the Official Language of California.
      English is the official language of the State of California.

(c) Enforcement.
      The Legislature shall enforce this section by appropriate legislation. The Legislature and officials of the State of California shall take all steps necessary to insure that the role of English as the common language of the State of California is preserved and enhanced. The Legislature shall make no law which diminishes or ignores the role of English as the common language of the State of California.

snip

And now for a trip down memory lane...

California State Archives: California State Constitution [of] 1849

We, the people of California, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution.

[Call the ACLU!!]
ARICLE XI
Sec. 21. All laws, decrees, regulations, and provisions, which from their nature require publication, shall be published in English and Spanish.
35 posted on 11/24/2005 2:15:55 PM PST by DumpsterDiver
[ Post Reply | Private Reply | To 30 | View Replies]

To: CounterCounterCulture

Two facts come to mind. First, one must be a citizen of the US in order to vote. Second, the ability to read and write english is required before an immigrant can become a citizen. Assuming that those born and raised in this country already know english, why do we need ballots (or any other voting material) printed in any language other than english??


36 posted on 11/24/2005 2:35:02 PM PST by acelatek (I shall live my life for no man, nor expect another to live his life for me)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CounterCounterCulture

"The decision Wednesday by the U.S. 9th Circuit Court of Appeals could be used to force election officials throughout the state to require multiple-language petitions for ballot issues..."

God help Nevada, Idaho and Alaska.


37 posted on 11/24/2005 2:47:03 PM PST by NapkinUser ("Our troops have become the enemy." -Representative John P. Murtha, modern day Benedict Arnold.)
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #38 Removed by Moderator

To: acelatek

BTTT BTTT BTTT BIG TIME.

I would think this would be shot down on appeal.


39 posted on 11/24/2005 3:00:58 PM PST by Unicorn (Too many wimps around.)
[ Post Reply | Private Reply | To 36 | View Replies]

To: CounterCounterCulture
Petitions aren't about voting. They are about collecting enough signatures from the voting base to qualify to place an issue on the ballot. Not printing Spanish petitions just reduced the probability of getting enough signatures to qualify. Since it did qualify, the voters were able to vote on the issue. I'll bet the actual ballot was available in both English and Spanish. Griping about the petition is a non-starter.
40 posted on 11/24/2005 3:22:20 PM PST by Myrddin
[ Post Reply | Private Reply | To 1 | View Replies]

To: DumpsterDiver

Thanks! VERY interesting.


41 posted on 11/24/2005 3:39:54 PM PST by FairOpinion
[ Post Reply | Private Reply | To 35 | View Replies]

To: isrul

Speak and write English.It should be a requirement of citizenship.


42 posted on 11/24/2005 3:58:52 PM PST by Thombo2
[ Post Reply | Private Reply | To 6 | View Replies]

To: Thombo2

So far as I know, it was. When did it change?


43 posted on 11/24/2005 4:17:55 PM PST by isrul
[ Post Reply | Private Reply | To 42 | View Replies]

To: isrul

It didn't change.Good call.I'm humbled master.


44 posted on 11/24/2005 4:21:25 PM PST by Thombo2
[ Post Reply | Private Reply | To 43 | View Replies]

To: gubamyster

ping


45 posted on 11/24/2005 4:35:12 PM PST by DumpsterDiver
[ Post Reply | Private Reply | To 1 | View Replies]

To: Myrddin
"I'll bet the actual ballot was available in both English and Spanish"

...and about a dozen other languages too.

46 posted on 11/24/2005 9:13:38 PM PST by lqclamar
[ Post Reply | Private Reply | To 40 | View Replies]

To: CounterCounterCulture
The trustee, Nativio V. Lopez, had come under fire for seeking exemptions to the state's English-only instruction requirements and was partly blamed for the district's lack of new school construction. He was recalled by 71 percent of voters.

As already noted in other posts, the adopted name is Nativo, not Nativio.

47 posted on 11/24/2005 11:33:15 PM PST by heleny
[ Post Reply | Private Reply | To 1 | View Replies]

To: isrul; Thombo2; Molly K.; acelatek
So far as I know, it was. When did it change?

No, you're all mistaken.

English proficiency is not required for all naturalizations.

If you're old enough, -- over 50 or 55 --, you only need to have been a permanent resident long enough -- 20 or 15 years, respectively -- to be exempt from the English test and to take the civics test with your own translator in your foreign language. (People with certain disabilities are also exempt.) It seems like cheating, but you don't need to know English to become a citizen.

http://uscis.gov/graphics/citizenship/becoming.htm

48 posted on 11/24/2005 11:47:32 PM PST by heleny
[ Post Reply | Private Reply | To 43 | View Replies]

To: Molly K.

To try to answer some of your questions and concerns:
All that you asked and answered is true but here are the problems.
Illegals vote because they don't have to show any documentation as to citizenship.
Illegals who can't speak English go to American schools because it is against the law for schools to ask about whether or not they are American citizens.
Schools have to have a certain percentage average of students to graduate from school as opposed to how many students are enrolled in school. So, since the number of illegals who are going to school who are not able to speak English well and can not perform well in school because of understanding what is going on, the school system came up with the answer to start teaching these students in Spanish so as to be able to promote them to another grade level in school until these students are fluent enough in English to comprehend what is being taught in school.

Now the written word on legal documents and instructions are put there because of law suits being won by those people who can not read English and able to follow instructions in order to be able to not hurt themselves on or from the product purchased or dangerous signs posted.
The politicians know that most illegal adults don't speak or read English and want to get their message out to them knowing that they can vote and will vote for them if the message is structure to thinking they will help them get and be legal in the U.S. by passing laws for sanction or amnesty.
I hope this helped.


49 posted on 11/25/2005 7:19:05 AM PST by AIC
[ Post Reply | Private Reply | To 18 | View Replies]

To: heleny

Thanx for the link and the info.BTW,a worker at our facility recently retired.He was a citizen,long term employee,but he spoke no English and would at times require a translator.I found it odd that a person could live and work in the US,raise a family,become a citizen,but yet not be able to at least speak rudimentary English.


50 posted on 11/25/2005 7:52:37 AM PST by Thombo2
[ Post Reply | Private Reply | To 48 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson