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Battle brewing over employer sanctions lawsuit
Examiner.com ^ | Dec 27, 2007 | not identified

Posted on 12/27/2007 5:05:55 AM PST by radar101

PHOENIX - The state Attorney General's Office and Arizona's 15 county attorneys are fighting with attorneys attempting to keep the names secret of employers who knowingly employ illegal immigrants.

The county attorneys and the Attorney General filed a motion Friday asking U.S. District Court Judge Neil Wake to deny the business groups' request to keep the names private.

"A strong presumption exists in favor of openness in court proceedings, including identification of parties and witnesses by their real names," Attorney General Terry Goddard wrote in response to the request for secrecy. Anonymity is usually granted in cases where there is "highly sensitive" or private information, such as disputes involving abortion, mental illness, children, birth control and religion, he wrote. "Embarrassment or economic harm is not enough to justify anonymity," he contended.

Rep. Russell Pearce, R-Mesa, the prime force behind the employer-sanctions law, objected to the attempt to keep the names secret.

"This is so egregious," he said. "We all know what's going on: They're illegal employers."

After years of employers saying they don't knowingly hire illegal workers, Pearce said the sudden change of tune is jarring and should have consequences.

"They ought to be disbarred," he said of the attorneys representing the business groups.

Revealing their identities could subject the employers to prosecution under federal law, the business attorneys said, which already makes it illegal to hire undocumented workers.

"The John Doe Members do not wish to invite prosecution of their businesses and themselves under federal law by identifying themselves in the state proceedings," attorneys David Selden and Louis Moffa Jr. wrote in their request to keep the employer names confidential.

Judge Wake will consider the pleadings as he prepares for a Jan. 16 hearing on the merits of the sanctions law. Last week, Wake declined to block the law with a temporary restraining order, clearing the way for it to go into effect Tuesday.

The business and civil-rights groups fighting the law lost challenges earlier this month to block it.


TOPICS: Crime/Corruption; Foreign Affairs; Government; Politics/Elections
KEYWORDS: aliens; immigrantlist

1 posted on 12/27/2007 5:05:56 AM PST by radar101
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To: radar101

I thought this would fall into the public domain. Our little newspaper still publishes the police blotter and names everyone arrested that week.


2 posted on 12/27/2007 5:20:56 AM PST by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: radar101
Release the names so the cameras can camp out in front of their businesses.
Then charge them under the RICO act.
The lawyers should be Tared and Feathered, then ran out in the desert on a saguaro!
3 posted on 12/27/2007 5:21:18 AM PST by Bibman (Still American and still here!)
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To: radar101
Revealing their identities could subject the employers to prosecution under federal law, the business attorneys said, which already makes it illegal to hire undocumented workers.

Well, duh. If they're breaking federal law, the state has no obligation to protect them.

4 posted on 12/27/2007 5:21:43 AM PST by randita
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To: randita

i bet they will protect them.


5 posted on 12/27/2007 5:24:02 AM PST by abstracTT
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To: radar101

I think what they’re really afraid of is disgusted citizens who won’t do business with them any longer.

Afraid of the fedgov prosecuting them? HA HA. Good one.


6 posted on 12/27/2007 5:28:50 AM PST by Nickname
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


7 posted on 12/27/2007 10:30:27 AM PST by gubamyster
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To: Nickname
I think what they’re really afraid of is disgusted citizens who won’t do business with them any longer.
Yup.
8 posted on 12/27/2007 11:04:13 AM PST by wjcsux (Islam: The religion of choice for those who are too stupid for Scientology)
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To: Nickname
I think what they’re really afraid of is disgusted citizens who won’t do business with them any longer.

We already know the leader of the objections, all McDonalds in the Phoenix area should be boycotted.

9 posted on 12/27/2007 3:39:03 PM PST by c-b 1 (Reporting from behind enemy lines, in occupied AZTLAN.)
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