June 25, 2006

'Petition awaits judge's ruling"

"A San Bernardino County Superior Court Judge will decide the next step in the fight over the City of San Bernardino Illegal Immigration Relief Act.

A judge will decide Monday whether backers of a controversial San Bernardino city immigration initiative gathered enough petition signatures to qualify the measure for a public vote.

In making his ruling, San Bernardino County Superior Court Judge A. Rex Victor must determine whether the benchmark for the needed number of signatures should be a 2001 mayoral election with a low turnout, or a heated February race that drew twice as many voters.

At issue is local resident Joseph Turner's City of San Bernardino Illegal Immigration Relief Act, which would prohibit the city from operating day-laborer centers, require private centers to ensure that day laborers are authorized to work in the United States, and empower police to seize the vehicles of anyone soliciting undocumented immigrants for day labor.

The measure, the first of its kind in the country, has attracted widespread publicity. Some local leaders, including San Bernardino Mayor Pat Morris, have denounced it as racist and unconstitutional.

At a hearing Friday, Bradley Hertz, an attorney for initiative opponent Florentino Garza, said City Clerk Rachel Clark should have told Turner the required number of signatures might change after the February race.

But ultimately, Hertz said, Turner made the legal challenge possible himself.

"Everyone knew there was going to be a ... runoff," Hertz said. "All he had to do was turn in the signatures prior to that election."

The article is here.

Posted by Randy Riddle at June 25, 2006 07:42 AM