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City suit will seek to nullify SB 1070
Arizona Daily Star ^ | Rob O'Dell

Posted on 05/05/2010 6:39:57 PM PDT by SandRat

In the face of mounting economic pressure, Tucson became the first city to approve a legal challenge to Arizona's controversial new immigration law that requires local police to verify the status of those they "reasonably suspect" are here illegally.

The City Council voted 5-1 Tuesday to sue the state to overturn SB 1070, with only Councilman Steve Kozachik voting no. City Attorney Mike Rankin said the city hasn't decided the timing for suing to block the law, which doesn't take effect until the end of July. Later Tuesday, the Flagstaff City Council voted to sue to stop SB 1070 from going into effect.

Tucson Councilwoman Regina Romero said the city's lawsuit will not cost taxpayers money, which is a key for a city facing a $33 million revenue shortfall next year.

Romero said the challenge would be filed by the city's in-house lawyers, and they would obtain outside counsel from other cities, counties and other entities without incurring additional costs or attorney's fees.

The new law is bad for the economy, could subject the city of Tucson to lawsuits and is unconstitutional, Romero said, adding "a legal challenge is the logical next step." She said the law encouraged racial profiling.

Mayor Bob Walkup said the law is based on a misguided notion illegal immigrants are bad for the area's quality of life and economy. "Frankly, I don't believe that's true," Walkup said.

Much of Tucson's economy is derived from Mexican tourists who come here to vacation and shop, Walkup said.

Kozachik said he voted no because we "need to de-escalate the conversation" and a lawsuit doesn't do that. He said the council needs to focus on its job.

"Is 1070 flawed? Sure," Kozachik said. "We need to focus this body on what this body is supposed to be doing."

He said there's blame to go around for opponents of the law as well, singling out Rep. Raúl Grijalva, D-Ariz., who called for an economic boycott of the state. Kozachik said that amounted "kicking the low-income people in the state in the teeth."

The solid support to sue the state is in sharp contrast to a week ago when the council went into closed-door session and didn't take action. Several days after that meeting, three council members - Romero, Karin Uhlich and Richard Fimbres - announced their support for a lawsuit. They were unable to attract a fourth vote at that time.

After a week of demonstrations and being at the top of the national news agenda, however, the pendulum appears to have swung.

Councilwoman Shirley Scott didn't explain her shift. Before her vote, Scott noted only the San Diego City Council had voted to oppose SB 1070.

After the vote, Walkup said part of his conversion came after he was called by Portland, Ore., Mayor Sam Adams, who told him that major cities on the West Coast would boycott Arizona and all the cities in the state. Walkup said the cities he was told would boycott include Seattle, Portland, San Francisco, Los Angeles and San Diego.

With its vote to challenge the law, Walkup said he's hopeful they would now "exempt Tucson from the boycott."

Particularly at issue is Tucson's contract with Oregon Iron Works, Inc. to build streetcars for Tucson's $180 million modern streetcar project. The order is to be finalized next week, and Walkup said he was concerned the contract could be be caught up in the boycott.

In addition, Walkup said the orders from Tucson and Portland were intertwined, and he didn't want Portland's boycott to affect Tucson's streetcar contract with Oregon Iron Works. Walkup considers the streetcar his legacy as mayor after his years of cheerleading for downtown revitalization.

If Portland joined the boycott, Walkup said that could stop contracts for the streetcar only a week before they were finished.

"He didn't want to see that happen and neither did I," Walkup said of Adams. "I'm concerned about our relationship with the modern streetcar. ... It's not worth the risk."

Tucson's action is also decidedly different than that of city leaders in Phoenix. There, Mayor Phil Gordon said he and other Arizona mayors plan to file a challenge to the state's new immigration law, after the Phoenix City Council refused to support his call for action.

On Monday Phoenix City Attorney Gary Verburg said only the City Council has the power to authorize lawsuits. Gordon said the legal action he's talking about won't be funded by Phoenix taxpayers.


TOPICS: Government; US: Arizona
KEYWORDS: aliens; illegalaliens; nullification; suit; tucson; tucsonillegalaliens

1 posted on 05/05/2010 6:39:58 PM PDT by SandRat
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To: SandRat

Expunge Tucson and send Los Suns to Juarez.


2 posted on 05/05/2010 6:41:15 PM PDT by screaminsunshine (S)
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To: HiJinx; Borax Queen; idratherbepainting; AZHSer; Sabertooth; A Navy Vet; Lion Den Dan; ...

Border Ping


3 posted on 05/05/2010 6:41:36 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: SandRat

Well, I won’t be doing any business in Portland, Oregon, or in Seattle, Washington, anymore.


4 posted on 05/05/2010 6:42:07 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: SandRat

The commie ‘RATS in Tucson are starting to worry about November. This is a preemptive strike at Americans by the commie’RATS. Votes. It’s all about votes. Same crap is going on in Flagstaff by the hippy commie ‘RATS.


5 posted on 05/05/2010 6:46:00 PM PDT by FlingWingFlyer (Had enough "history" yet?)
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To: SandRat

YEAH, Portland, kill business...that’s what DEM Oregonian politicians do!


6 posted on 05/05/2010 6:50:09 PM PDT by goodnesswins (The PLANTATION Party is at it again (the DEMS) ....trying to make slaves of everyone)
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To: SandRat

“Tucson Councilwoman Regina Romero said the city’s lawsuit will not cost taxpayers money, which is a key for a city facing a $33 million revenue shortfall next year.

Romero said the challenge would be filed by the city’s in-house lawyers, and they would obtain outside counsel from other cities, counties and other entities without incurring additional costs or attorney’s fees. “

LOL! Unless their legal maneuvers are more honest than those statements, they don’t stand a chance in court.


7 posted on 05/05/2010 6:51:04 PM PDT by Balding_Eagle (Overproduction, one of the top five worries of the American Farmer each and every year..)
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To: SandRat

Are they going to be suing the Federal Government too? After all, the law is the same on the Federal side.


8 posted on 05/05/2010 6:51:45 PM PDT by Rational Thought
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To: SandRat

If Tuscon and/or Flagstaff are successful, they will draw criminal aliens like moths to a flame. Both cities will rapidly become third-world hell holes.


9 posted on 05/05/2010 6:51:47 PM PDT by upchuck (The last 4 letters in American: I Can; last 4 in in Republican: I Can; last 4 in in Democrats: Rats)
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To: SandRat

i’m a believer in what the AZ gov signed into law and i believe it’s airtight. these people need to move on-it’s not happening for them


10 posted on 05/05/2010 6:52:49 PM PDT by MissDairyGoodnessVT (Free Nobel Peace Prize with oil change =^..^=)
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To: SandRat
In the face of mounting economic pressure...

B.S.

11 posted on 05/05/2010 6:55:35 PM PDT by RJL
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To: SandRat

Interesting that the City of Tucson does not care about federal or state law.


12 posted on 05/05/2010 7:01:21 PM PDT by elkfersupper (Member of the Original Defiant Class)
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To: SandRat

Well, Tucson is off my list of places to visit and spend money.


13 posted on 05/05/2010 7:25:15 PM PDT by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: SandRat

I’ve always liked the Tucson area for vacations. When did it get so lefty?


14 posted on 05/05/2010 7:55:41 PM PDT by neocon1984
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To: neocon1984

Sometime after 1975.


15 posted on 05/05/2010 8:02:16 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: SandRat
Particularly at issue is Tucson's contract with Oregon Iron Works, Inc. to build streetcars for Tucson's $180 million modern streetcar project.

What total B/S! Does Walkup think that Oregon, in these hard economic times, would turn down a lucrative streetcar project? They may be somewhat suicidal Lefties up there but I'll bet the owners/workers of the Iron Works would be all over those pols for canceling that contract.

16 posted on 05/05/2010 9:15:48 PM PDT by Oatka ("A society of sheep must in time beget a government of wolves." –Bertrand de Jouvenel)
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To: SandRat; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; ...

Ping!


17 posted on 05/05/2010 10:23:55 PM PDT by HiJinx (~ Illegal is a Crime, it is not a Race ~)
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To: SandRat

Bump!


18 posted on 05/06/2010 4:25:05 AM PDT by Arthur Wildfire! March (We knew deep down it was this bad. Devour ugly truths with glee -- truth is our weapon.)
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