Farmers Branch: Here Comes The Litigation, But Not For The Reason You Think

As expected, the anti-immigrant city ordinances approved by Farmers Branch’s city council last month are being challenged in court.

Real estate agent Guillermo Ramos Monday filed a lawsuit in Dallas County seeking to have a state district judge strike down two of the ordinances.

But, it’s not on civil rights grounds: it is on the grounds that the city council violated the Texas Open Meetings Act.

According to the Fort Worth Star-Telegram, Ramos alleges that the ordinances were approved after discussions in closed-door meetings that violated the Texas Open Meetings Act.

Of course, the city pleads ignorance and innocence:

Farmers Branch Mayor Bob Phelps said he does not think the council violated the Open Meetings Act. But he would not elaborate, referring questions to the city’s attorney, John Boyle.

Tim O’Hare, the council member who spearheaded the anti-illegal-immigrant ordinances, also referred questions to Boyle.

Boyle did not return calls placed to his office Monday afternoon.

It is an interesting angle, and one I would not have anticipated. I’d like to know more about the closed-door meetings. To be a prima facie violation of TOMA, the meetings would have to have included a quorem or decision making. Of course, absent decision making and even a quorem, they could violate the “spirit” of the Act.

I’d expect MALDEF or a similar group to actually challenge the constitutionality of the ordinances once someone is ticketed or fined as a result.

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