ALERT: Both sides confident of victory (Hazleton Standard-Speaker)

By L.A. TARONE
Staff writer

So, what happens after the decision comes down?

With U.S. District Judge James Munley expected to issue a decision in the suit against Hazleton’s Illegal Immigration Relief Act today, the city is making plans – for both the long and short terms.

The immediate short-term plans are to discuss the decision, whatever it may be.

While the plaintiffs will discuss the decision at the federal courthouse in Scranton, Mayor Lou Barletta will hold a press conference at City Hall about 4 p.m. He said he wanted to react to the decision here rather than in Scranton so the national media could “see Hazleton again.”

“This is where it happened, and this is where I want to address the people of Hazleton and the country,” Barletta said.

Wednesday night, Barletta sounded upbeat.

“I think we should win – the decision should be in our favor,” he said. “I believe the law is on our side, that we have the right to do what we’re doing.

“We presented a great case,” Barletta added. “I have no regrets. We have one of the finest legal teams in country to defend us. And I’m still confident (that) in the end, we’ll win.”

Rudy Espinal, president of the Hazleton Hispanic Business Association and one of the plaintiffs in the case, was equally upbeat.

“I think we are all confident the decision will be in our favor,” Espinal said. “We don’t see it any other way.”

Expectations are there may be supporters and opponents of the law at City Hall today.

“I will make sure we have the appropriate police coverage, but I don’t expect any problems,” Barletta said. “Most of the meetings we’ve had have been orderly. People certainly expressed their opinions. But there hasn’t been any trouble, and I don’t expect any. But I’ll make sure there’s police protection for announcement.”

The expected decision has already attracted media attention.

Barletta said CNN host Lou Dobbs – who has championed IIRA and donated to the city’s legal defense fund – is sending a satellite truck here today. Barletta is also slated to be on Dobbs’ show tonight.

“Many cities are waiting for this decision as well,” Barletta said. "
We’re speaking for a lot of people.”

In fact, a number of towns and cities – including several local municipalities – have been waiting for a decision in this case before deciding whether to adopt copycat versions of the law.

But while many are assuming Munley will either uphold the ordinance or strike it down, he might not. He has options.

He could strike it down or uphold it en toto.

Or, he could uphold parts and strike down other parts.

Or he could or send it back to City Council for a partial rewrite and/or clarification.

But city Solicitor Chris Slusser said he expects an up-or-down decision.

“I don’t know that’s very likely,” Slusser said of the possibility of Munley sending the ordinance back to council for clarification or re-write. “The request before him is that he declare the ordinance invalid. Now, he could determine parts of it invalid, he could determine the whole thing involved, or he could uphold it. We’ll see.”

Slusser said that in either case, the Third Circuit Court of Appeals in Philadelphia will hear the case. He said if Munley’s decision is against the city, it will appeal. He expects the plaintiffs – the Puerto Rican Legal Defense and Education Fund, the American Civil Liberties Union, a host of private law firms and several individuals, 10 of them identified only as “John Doe” or Jane Doe” – to do the same.

Barletta agreed.

“I don’t think anyone is going to take tomorrow’s decision as the final answer,” Barletta said. “If decision’s not in our favor, we will appeal – as I strongly believe we have the right to do what we’re doing.

Espinal said it was a certainty opponents would appeal if the decision went against them.

“We will keep going in court,” Espinal said. He added that a decision in the plaintiffs’ favor at the U.S. District Court level would make an overturn far less likely on appeal.

“In my opinion, if we win this time, it will weigh heavily on another judge,” Espinal said. “After all, we’re talking about one federal judge ruling on another federal judge’s decision.”

An appeal to the Third Circuit must be filed within 30 days of Munley’s decision.

“If any appeal is filed, the Third Circuit has to hear it,” Slusser said. “It’s not like the Supreme Court (which) can decline to hear a case if it chooses. But there is an automatic right of appeal to the Third Circuit.”

Slusser added he thought it was unlikely opponents of the law, be it this list of plaintiffs or others, could challenge or re-challenge aspects of the law and tie the city up in court for long periods of time.

“Their request is to declare the ordinance invalid,” Slusser said, “so I think they’ve gotten their bite at the apple. Once it’s decided, any argument being presented to the court would have to be very much different.”

If the decision is in the city’s favor, Barletta said it would begin enforcing the ordinance “as soon as possible.”

“We would set a date to begin enforcement,” Barletta said. “And I don’t believe it will take us long to begin enforcement.”

He said he hadn’t decided whether to hold the conference in Council Chambers or on the front steps.

“I might do it outside – it depends on the size of media that comes,” Barletta said. “If there are a lot, everyone will have to run their equipment through City Hall, so I might just be easier to hold it outside.

“But in either case, it will be an historic day.”