The attorneys who successfully challenged Hazleton's illegal immigration ordinance in federal court want the city to pay their legal fees and costs totaling close to $2.4 million.
A 28-page petition filed in federal court Friday blames the city for driving up the fees for the attorneys pursuing the case, who represented several of Hazleton's Hispanic residents, landlords and community groups.
Since passing the first ordinance of its kind in July 2006, the city passed at least three additional versions of the ordinance in an attempt to improve its chances of winning the lawsuit. The often unexpected changes made the case more labor intensive and expensive, the plaintiffs argue.
"Hazleton has used this Court as its laboratory," the fee petition reads. "Defendant's experimentation over the past year comes at a price."
U.S. District Judge James M. Munley declared the Illegal Immigration Relief Act unconstitutional in a 206-page opinion released July 26, ruling it violated due process rights and infringed on the federal government's sole authority to regulate immigration. In federal civil rights cases, prevailing plaintiffs can ask the judge to force the defendant to pay for their legal fees.
Hazleton Mayor Lou Barletta, whose city operates on a tightly constrained $7.9 million budget, called the $2.4 million fee total "absurd," adding the city plans to challenge the amount plaintiffs requested.
"It illustrates the circus the ACLU brought to the case," said Barletta. "They had over 20 attorneys sitting in the courtroom, with plenty of them doing nothing but running up the bill. Their goal was to bankrupt the city of Hazleton."
Lead co-counsel for the plaintiffs Witold "Vic" Walczak, of the ACLU, defended the fees as reasonable, saying they were reduced by $500,000 from what could have been requested.
"We didn't bill for all the lawyers in the courtroom," he said.
Munley has the discretion to award a higher or lower fee total if he wishes. The city has appealed Munley's ruling and won't have to pay any fees until the case is resolved.
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In light of the fact that Hazletons problem is every Americans problem and was largely created by the point blank refusal of the Federal government to enforce standing laws. The Bush administration should this bill, out of their own pockets.
GW could stop this.
2007-08-31
15:40:19
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9 answers
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asked by
Vanessa
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Immigration