The new Jose Crow law in Arizona is going to cause a lot of nightmares for the state. Check out this provision in the law:
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 SECTION
Yes indeedy you read that right: ANYONE who is upset that this law isn’t being enforced vigorously enough can sue, damn near any agency of the state, and if they prevail, not only are their court costs paid, but the loser is fined at least $1,000 a DAY, not from the time you win , but from the time you FILED SUIT, meaning that if an average lawsuit takes 1 year + from filing to final verdict that’s a MINIMUM fine of $300,000+ every time.
So I imagine we’re going to see a huge raft of lawsuits of people who are upset that enough brown people aren’t getting stopped and harassed as well as people upset that not enough white people are being stopped and harassed. I have no idea WTF Arizona was thinking in drafting this provision of the law. To me it seems like the perfect “out” for Gov. Brewer to have vetoed the bill, but profile in courage she ain’t.