Preliminary Injunction Entered Barring Farmers Branch Immigration Ordinance From Going Into Effect

The Bickel & Brewer Storefront, on behalf of several apartment owners and managers, today obtained an injunction in federal court against Ordinance 2903 – the so-called “illegal immigration ordinance” in Farmers Branch, Texas. Ordinance 2903 aimed to prevent the renting of apartments to certain immigrants. The federal court’s injunction today prohibits the city’s enforcement of the ordinance until trial. Ordinance 2903 was adopted by the City of Farmers Branch in January 2007 and approved by Farmers Branch voters on May 12, 2007. On May 21, U.S. District Court Judge Sam Lindsay granted a temporary restraining order to the Storefront plaintiffs and plaintiffs represented by the Mexican American Legal Defense and Education Fund (MALDEF) and American Civil Liberties Union (ACLU). In his order the judge stated the court “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.” Following a formal hearing on June 5, counsel for plaintiffs and the City of Farmers Branch submitted final briefings to the court. Judge Lindsay took those filings under advisement for several days before issuing an order today that was similar to the relief granted in May. The court stated in its order, “Given that the court has determined at this juncture that the Ordinance is preempted by the Constitution and is void for vagueness, the public interest is served by enjoining the effective date and enforcement of a local law that the court has initially determined to be at odds with the Constitution.” The court ultimately agreed with the Storefront’s central argument that the ordinance is preempted by federal law and, therefore, unconstitutional because it regulates immigration, which can only be performed by the federal government. The Storefront also successfully proved that the ordinance denies apartment owners and mangers due process of law by subjecting them to criminal penalties without providing necessary guidance on how they must comply with the ordinance. This federal action marks one of three lawsuits filed by the Storefront against the City of Farmers Branch. The Storefront has filed two state court actions alleging that the city violated the Texas Open Meetings Act (TOMA) in conjunction with Ordinance 2903 and its predecessor, Ordinance 2892. Working closely with key community stakeholders, the Storefront also helped spearhead a grassroots coalition that opposes the ordinance on account of its being unconstitutional, costly and unenforceable.

For a copy of the order, click Download memorandum_opinion_and_order_granting_preliminary_injunction.pdf

Thanks to Rose V for the scoop!

KJ