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Thursday, May 29, 2008

Federal judge strikes down Farmers Branch rental ordinance as unconstitutional

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— A federal judge Wednesday ruled Farmers Branch's ordinance penalizing landlords who rent to undocumented tenants is unconstitutional. The judge also made the injunction blocking enforcement of the ordinance permanent. However, the same judge declined to rule on Farmers Branch's new strategy, requiring renters to obtain a permit requiring proof of citizenship.

Posted by ccuellar


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David Gouldin Staff

"Only the federal government can regulate immigration, U.S. District Judge Sam A. Lindsay concluded in his decision. The city didn't defer to the federal government on the matter, violating the supremacy clause of the U.S. Constitution, which allows for the federal government to pre-empt local laws, Lindsay said."

That is so incredibly clear. How I wish I'd been given such a succinct explanation last time I asked!

4 months, 2 weeks ago ( Link to this comment | Suggest removal )

Scott Doyle Verified

Well, that's not even saying the ordinance itself is unconstitutional...just says it wasn't considered and stamped by a congressional committee.

Either way, I side with Mr. Gouldin on the issue - if we have to make sure peeps are a citizen to employee them, why is it outlandish to do same when offering a lease?

4 months, 2 weeks ago ( Link to this comment | Suggest removal )

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