The Farmers Branch "Immigration Ordinances"

Since 2006, Farmers Branch has proposed and passed three "illegal immigration" ordinances related to housing:

Ordinance 2892:

Adopted on November 13, 2006, Ordinance 2892 required apartment renters to provide proof of eligible citizenship or residency before renting an apartment in Farmers Branch. Less than two weeks after it was passed, Let the Voters Decide launched a petition drive seeking a citywide vote on the ordinance. The organization gathered more than 1,700 signatures from community residents, more than enough to require the city council call for a referendum on Ordinance 2892.

On December 4, 2006, Guillermo Ramos filed a lawsuit alleging that the City violated the Texas Open Meetings Act (TOMA). On December 22, 2006, three Farmers Branch apartment complexes also sued the city, asking that the ordinance be declared unconstitutional. On January 11, 2007, District Court Judge Bruce Priddy issued a temporary restraining order delaying enforcement of the ordinance based on a finding that Mr. Ramos was likely to show that the city violated TOMA.

Rather than push forward with Ordinance 2892, on January 22, 2007, the City Council repealed Ordinance 2892 and adopted Ordinance 2903 -- a slightly revised version of the original ordinance.

Status of Lawsuits: Several lawsuits were filed in response to Ordinance 2892. The TOMA suit is still pending. The other lawsuits were amended to respond to the city's next ordinance -- Ordinance 2903.

Ordinance 2903:

Approved by the City Council on January 22, 2007, Ordinance 2903 also required renters to provide proof of eligible citizenship or residency before renting an apartment. Due to the petition drive, the ordinance went before the voters on May 12, 2007. A total of 5,999 people cast a ballot and Ordinance 2903 was approved. The Dallas Morning News Editorial Board wrote, "Voters in this inner-ring northern suburb delivered the biggest Election Day disappointment . . . The Farmers Branch measure is unworkable and probably unenforceable."

On May 16, 2007, attorneys for the ACLU and MALDEF filed a motion asking a judge to block the ordinance from going into effect. The next day, attorneys at the Bickel & Brewer Storefront filed a similar motion, saying the ordinance was unconstitutional because it was pre-empted by federal law and so vague that it denied apartment owners and managers due process.

Status of Lawsuits: On May 21, 2007, a federal judge granted a temporary restraining order, blocking Ordinance 2903 from taking effect. On August 29, 2008, United States District Court Judge Sam Lindsay issued a final judgment, permanently stopping the enforcement of Ordinance 2903. The City of Farmers Branch was forced to pay more than $470,000 in plaintiff legal fees after losing the case. The city did not appeal the ruling. A TOMA suit regarding Ordinance 2903 filed by the Bickel & Brewer Storefront is still pending.

Ordinance 2952:

On August 29, 2008, Farmers Branch city officials declared that they would begin enforcing Ordinance 2952 in 15 days. The ordinance would require prospective tenants to get a rental license from the city. The city would attempt to verify the tenants' lawful presence and would revoke the license of tenants who it determined are "not lawfully present." On September 3, 2008, the Bickel & Brewer Storefront filed a lawsuit in an effort to block implementation of the ordinance. The lawsuit claims that, among other things, the ordinance is pre-empted by federal law and violates the equal protection clause of the constitution. The ACLU and MALDEF filed a similar suit.

Status of Lawsuits: On September 12, 2008, United States District Court Judge Jane Boyle issued a temporary restraining order, banning the city of Farmers Branch from implementing Ordinance 2952. The temporary restraining order was later extended into a preliminary injunction. The Fort Worth Star-Telegram reported that Judge Boyle ruled, "that those who sued the city are likely to prevail at trial with their argument that the city is overstepping its bounds by enforcing areas of immigration law that are reserved only for the federal government." Both sides have filed motions for summary judgment and are waiting for the court to issue a ruling. There is also a pending suit in which Guillermo Ramos alleges that the City violated TOMA when drafting and adopting Ordinance 2952.