Judges Going Against the Will of the People Again

Rental rule in Texas blocked
Voter-endorsed ordinance prevented apartments for most unlawful aliens

A federal judge Monday blocked enforcement of a voter-endorsed ordinance preventing apartment rentals to most illegal immigrants in this Dallas suburb, opponents of the ban said.

The ordinance was to take effect Tuesday, more than a week after voters approved it. Opponents had filed three requests in federal court for an injunction to stop its enforcement.

The ordinance requires managers to verify that renters are U.S. citizens or legal immigrants before leasing to them, with some exceptions. Violators face fines of up to $500, and each day would be considered a separate violation.

Only the federal government can determine whether a person is in the United States legally, wrote U.S. District Judge Sam A. Lindsay.

Instead of deferring to federal officials, Farmers Branch has created its own classification to determine which noncitizens may rent an apartment, the judge ruled.

Lindsay also wrote that the city appeared to have used federal regulations on housing benefits for noncitizens to define who may rent an apartment in the city.

"The court recognizes that illegal immigration is a major problem in this country, and one who asserts otherwise ignores reality," Lindsay wrote. "The court also fully understands the frustration of cities attempting to address a national problem that the federal government should handle; however, such frustration, no matter how great, cannot serve as a basis to pass an ordinance that conflicts with federal law."

Also Monday, a federal lawsuit was filed in Dallas on behalf of three Latino voters who live in Farmers Branch.

The lawsuit seeks the creation of single-member districts, in which a city council member is elected to represent a specific section. Both large and small cities with diverse racial makeup use the system, said Rolando Rios, the attorney leading the suit.

Activists say that if the method had been in place, at least one Latino candidate would have been elected to the council and could represent the group. All five council members are white men.

Since 1970, Farmers Branch has changed from a small, predominantly white community with a declining population to a city of almost 28,000 people, about 37 percent Hispanic, according to the Census Bureau.

The city had not been served with the lawsuit, said Farmers Branch spokesman Tom Bryson.