SB 1070

SB 1070 Challenge by Friendly House to Proceed; Arizona's Motions to Dismiss Are Denied

U.S. District Judge Susan Bolton has denied the state of Arizona's motions to dismiss a legal challenge to SB 1070 by Friendly House, a social-service agency for immigrants.

The Friendly House lawsuit is a separate action from the challenge to SB 1070 by the U.S. Justice Department being considered by the U.S. Supreme Court, and seeks certification as a class-action to prevent discrimination against Hispanics.

Lawyers for the state of Arizona and Governor Jan Brewer had argued that the plaintiffs, including a pastor whose church provides food and shelter to illegal immigrants, don't have standing in the case.

Bolton disagreed, and also wrote in her order that a motion to deny the potential class-action status of the case would be premature. (See below for order.)

A hearing with oral arguments on whether the individual plaintiffs could sue as a class will be held before Bolton on June 4.

Dan Pochoda, legal director for the American Civil Liberties Union of Arizona, says Bolton's ruling today was important -- mainly because if the judge had ruled the other way, "we would not have had anything to hear on June 4."

The case has been on a slow track because it challenges provisions that Judge Bolton had put the kibosh on, like the "papers, please" aspect of the law.

The U.S. Supreme Court is expected to issue its opinion on SB 1070 by the end of June. If it upholds the law, the opinion "would revive our suit in a dramatic way," says Pochoda.

Click here for Bolton's latest ruling.

KEEP PHOENIX NEW TIMES FREE... Since we started Phoenix New Times, it has been defined as the free, independent voice of Phoenix, and we'd like to keep it that way. With local media under siege, it's more important than ever for us to rally support behind funding our local journalism. You can help by participating in our "I Support" program, allowing us to keep offering readers access to our incisive coverage of local news, food and culture with no paywalls.
Ray Stern has worked as a newspaper reporter in Arizona for more than two decades. He's won numerous awards for his reporting, including the Arizona Press Club's Don Bolles Award for Investigative Journalism.
Contact: Ray Stern