SB1070 lawsuit to cost Flagstaff at least $25,000

Jun 6, 2010 — The Arizona Daily Sun

Joe Ferguson

Jun. 2, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- It will cost the city of Flagstaff at least $25,000 to fight the state over the controversial new law on illegal immigration known as SB1070.

A unanimous Flagstaff City Council agreed Tuesday to continue to pursue an injunction that would prevent SB1070 from taking effect in late July.

City Attorney Pat Boomsma was given several options on how to pursue legal action, but she decided to join with several communities, including Tucson and San Luis, in suing the state.

The city of Flagstaff will essentially join an existing legal action filed by police officer Martin Escobar, who believes the law is unconstitutional. The city of Tucson has signaled it would support Escobar's lawsuit rather than filing a separate suit seeking an injunction.

A preliminary injunction could be filed in the next few weeks, Boomsma said.

Vice Mayor Al White was the first to speak out in favor of filing the lawsuit. He rejected criticism that fighting the state was unpatriotic.

"It is American as apple pie," White said.

He said the city could afford to pay its part of the lawsuit, despite the fact that the city was facing unprecedented budget cuts.

"I think $25,000 in the scheme of things is an investment in finding a better (immigration) solution," White said.

The city of Flagstaff has set up a bank account for private donations to fund the lawsuit, but as of Tuesday the account was empty.

The city is expected to dip into unused funds set aside in this fiscal year for fighting wildland fires. The current fiscal year ends on June 30.

Councilmember Rick Swanson said the lawsuit was also symbolic.

"We need to show the state and country that we are a humane city that respects civil rights," Swanson said.

But Councilmember Karla Brewster said she is holding out hope the federal government would step in rather than have a handful of cities fight the state over SB1070.

"It is a federal immigration policy and I wish they would do something humane about that," Brewster said.

Several residents, including Miguel Vasquez, supported the council's decision.

"I am proud to be in this country and I am proud to be in this town," he said.

The state immigration law, set to take effect July 29, would make it a crime under state law to be in the country illegally.

It would require local law enforcement, when "practical" and based on "reasonable suspicion," to question people about their immigration status.

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