SB 1070 lawsuits could bankrupt local governments

Hugh Holub of the Tucson Citizen has a story up today on the financial cost of defending the lawsuits against SB1070.

The lawsuits in question are not the seven lawsuits filed to stop SB1070 from going into effect. The lawsuits referred to in this article are the ones that would arise once the law is enacted.

In subsection G of SB1070, there is a provision that would allow citizens to sue, law enforcement officials if they thought that they were not enforcing immigration law. Section G is below, the full law can be seen here:

G.  A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
     
1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND ATTORNEY FEES.

2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE  THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS SUBSECTION.

If we read this subsection carefully, the problem with this provision becomes apparent. Under this subsection, the person who brings the lawsuit can recover their court costs and attorney fees. Who pays for the legal costs of someone who files suit under this subsection, the state. If the state is paying these legal fees, then ultimately this cost would be brought down to the tax payer.

One of the more pernicious elements of SB 1070 is allowing citizens to sue local governments if it is believed the local law enforcement agencies are not enforcing SB 1070 as vigorously as Sheriff Joe Arpaio, State Senator Russell Pearce and their gang of  anti-immigrant folks desire.

So who is going to pay for the lawsuits against local governments when it is claimed they are not vigorously enforcing SB 1070?

Taxpayers.

Many local law enforcement officials outside of Maricopa County in Arizona are saying that they will not enforce SB1070 even if it is enacted. There is speculation that Subsection G of SB1070 is designed to force compliance from cities who will not comply with SB1070.

One can safely assume that as soon as SB 1070 goes into effect, a bunch of suits will be filed against those cities and counties where law enforcement leaders have questioned SB 1070. The City of Tucson and Santa Cruz and Pima counties for example.

This is aimed at forcing jurisdictions who don’t agree with the Arpaio/Russell point of view to toe the line of making illegal immigration the only law enforcement issue in Arizona.

For local governments already struggling to make ends meet SB1070 law suits could mean financial ruin.

If your city, town or county disagrees, you are going to be hit with enormous legal costs as the Arpaio/Pearce gang’s lawyers sue over lack of SB 1070 enforcement.

Santa Cruz County, for example, is hanging by a thread financially. They could be forced into bankruptcy if they are buried in SB 1070 enforcement litigation.

The full Tucson Citizen article can be read here.