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Legal technicality threatens English Only charter amendment
The Metro legal department has been made aware of a legal technicality, which could potentially derail the proposed English Only charter amendment and prevent it from being on the ballot in November.
Nashville attorney Gregg Ramos, of the firm North, Pursell, Ramos & Jameson, has called the department’s attention to the intricate wording of the Metro Charter on when proposed amendments can be submitted.
According to the charter, a petition-driven amendment proposal, like English Only, may only be submitted once every two years.
“The council shall not adopt a resolution proposing amendments to this charter more often than twice during the term of office of members of said council,” the charter reads, “nor shall any such amendment or amendments be submitted by petition more often than once in each two years.”
In 2006, Davidson County passed a petition-driven charter amendment, giving voters the power to approve property tax increases. The amendment passed on Nov. 7, 2006.
The English Only charter amendment proposal would be up for approval at the federal election on Nov. 4. Ramos believes the new proposal falls short of the required two-year time frame by three days.
“I think we’ve brought it to light and I think we have a good argument,” Ramos said.
The Metro legal department has been made aware of the potential two-year technicality.
“It’s been called to our attention. There might be an issue,” Metro legal Associate Director Tom Cross said. “We haven’t reached a definitive legal opinion.”
The legal opinion will center on the department’s interpretation of the word “submitted” as it is written in the charter.
If the department determines “submitted” to mean when the proposed charter amendment was filed with the Metro Clerk, then the proposal cleared the two-year waiting period.
Councilman Eric Crafton filed his 12,503 signed petitions on Aug. 14. The tax increase proposal was submitted to the clerk’s office on Aug. 8, 2006.
However, if the department concludes the word “submitted” refers to when the amendment is presented to the voters, then it is possible the proposal fails to clear the required two years by three days.
Crafton said early in the process he anticipated legal challenges and a marketing campaign against the English Only proposal.
The proposal said no citizen has a right to Metro services in any language except English. Crafton has also filed a bill with Metro Council, which would require those who do receive services in other languages to pay an interpreter fee.
The county Election Commission still must verify the 12,503 signatures, which will take about two weeks.
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It could also be inturpreted as being the same ammendment.(same subject matter)"Nashville attorney Gregg Ramos, of the firm North, Pursell, Ramos & Jameson,"Is that Percell our ex Mayor that stated all this crap by makeing this a santuary city?"If the department determines “submitted” to mean when the proposed charter amendment was filed with the Metro Clerk, then the proposal cleared the two-year waiting period."If you have something to file in Court it must be filed with the clerk of the court in the required time frame so why should it not the same for the Metro Clerk?Election dates (court trials) are discretionary whereas fileing dates are not. 2 years means 2 years. Date certain not subject to arbitrational scheduleing.
This just goes to show the councilmen & Dean do not liston to we the people, they know this english only bill would pass
The Tennessee Code is quite specific about the official and legal language of this State.TCA 4-1-404. English - Official and legal language.English is hereby established as the official and legal language of Tennessee. All communications and publications, including ballots, produced by governmental entities in Tennessee shall be in English, and instruction in the public schools and colleges of Tennessee shall be conducted in English unless the nature of the course would require otherwise.[Acts 1984, ch. 821, § 1.]What's so difficult to understand about that?
Oh Lord! English Only? Is English idgaf's native language? Royce- I'd like to suggest that you not try to appeal to these "pepul" with facts. They do not get it. I tried to do it before and they just come back with insanities with absolutely no factual basis.Oh MY! idgaf! English Only?
misskity- What IS a misskity? You could also use a few grammar lessons. The word English, your native language which you support, is always capitalized. Also, it might behoove you to study your relative pronouns. To spell "listen" you use an "e," not an "o." Also, the use of a period is still in fashion.
There is nothing difficult about that Royce, thank you for posting it.Is there any penalty attached to it?We are getting to the point where we the taxpayers need our own prosecutor to bring charges against our representatives that refuse to obey the law.
The United States is and should be a sanctuary COUNTRY, which is how the country began. The English only legislation violates federal law (Civil Rights Act, Title VI) and is unenforceable. Nashville does not need to appear to be a city of prejudice and stupidity by passing this referendum.
The logical interpretation is that the SAME amendment cannot be brought before the people more than once every two years. Otherwise, this language severely restricts citizens ability to submit proposed amendments. I suspect that the writers of the Charter intended to prevent the hassles and costs of proposed amendments that have been defeated to be placed immediately on the ballot again. I doubt that they intended to prevent other, entirely different amendments from being proposed.
sellin' like hotcakes:http://www.cafepress.com/craftonbtw: the tennessean is reporting that the out-of-state group that is funding crafton's effort is on the hate group list. miss kitty, this would not pass in davidson county. Wilson county? Yes. Rutherford? no doubt, but not in an urban area.
Awesome! I'm glad that someone has finally shown how hateful this legislation actually is. Now, I'd like to hear the opinions of those who have been supporting Crafton. What do you think?
If you are so sure it is going to fail, then let the people vote! Educate the constituency. Don't search for technicalities to silence people.
Just want to clarify that the Pursell listed as an associate of Gregg Ramos is not former Mayor Purcell.
I'd be more inclined to push a vote on hiking the fines and even adding adding jail time to the very people who are hiring illegals and subsequently causing this mess. Find and throw the book at folks who employ them to clean their homes, raise their kids and build their monster homes. They are the problem. Not the people who come, do work and try to make a better life. In my opinion.
This is hilarious. Crafton is such an idiot. And a bigot, but mostly just plain dumb. I should have known this was coming though, because all bigots are idiots...and bound by the law of averages to screw up.
I'll second that, Funditto.
I agree with you 100% Funditto. Don't you all find it strange how all of the Crafton supporters, who so strongly stood behind him, are now silent? Does that say something about the strength of their support? What's happened to them? They were so vocal a few days ago. I'm waiting for someone to say "I could care less that he's linked to a hate group, I support him 100%!"
I certainly second evilj's comments! This whole thing is just a biggoted mess. There are lots of people here legally who have problems with English -- it can't be learned overnight! This push is aimed at all people not just illegals! Do we really want Nashville to be viewed by the nation as the most hate-filled city in the country? What have we sunk to? This effort needs to fail -- or better yet, be withdrawn and buried!
I'm not sure why we feel like we have to cater to every nationality that comes to our country. Back in the early 1900's when my grandparents came here they HAD to learn English in order to survive. Those that didn't were stuck in their little neighborhoods working for someone who spoke their language and English. There is absolutely nothing bigoted about saying, "if you come here...learn English". In America, we speak English (or what we call "English" ;-) ...if you want to enjoy all the benefits of being in America, learn the local language!
MrT, did your grandparents start speaking english the moment they landed here? or did it take a while? were they despised and legislated against in the meantime? probably not.
Guess you people that don't mind people breaking into your country don't mind them breaking into your houses. Register such with Ramos as those people need things to set up their houses, and if you have any extra rooms offer it to a illegal family.
Funditto: they were not legislated against but everything they encountered outside of "little Italy" was in English (i.e. job applications, marriage licenses, traffic tickets, etc...). It was very difficult but they managed to not only survive but thrive in their new home. And as an English speaking citizen, I'm glad they learned the local language!
Idgaf...what the hell does speaking English have to do with breaking into my house? I've been robbed several times, and believe me they spoke English! Maybe we should introduce a "mute only" bill in order to deter English speaking crime!!!
already getting their butts kicked and we have not even voted!
Problem: Illegal immigration. Result: 287g. Further Solutions: Comprehensive reform that eliminates automatic citizenship for offspring of undocumented aliens and stiff penalties for employers of 'illegals'as a start.Problem: Metro Councilman with ego issues and a small brain. Result: English Only. Further solutions: Recall petitions, term limits.
Idgaf is a tool. He supports English only, but he has demonstrated very poor control of said language. I've learned a new word on these forums over the past few days: wingnut. Idgaf is a wingnut. He makes statements that aren't supported by facts. He rambles. It's kind of like a toilet where the water runs for hours after you flush it . It's irritating. Idgaf, go back to whence you came. You can find the meaning of "whence" in any good dictionary (not the 89 cent one that you might have from Walmart). I'm still waiting for someone to make a statement supporting Crafton and his support from that wonderful Neo-nazi group. Wow, those people sure are quiet now.
Time for Truth- I like the way you think: Problem / Solution. Maybe we should deport Crafton to Somalia for a few weeks and see how he does in "Somali Only" territory.
ardilicphos – There is something else you should know about our favorite little “id”, if you are too mean to him, or call him names, he will complain to NCP/Clint Brewer. So please, join the rest of us in “reaming him a new one”, as you can tell he has a lot of crap that needs to be “purged”.Actually, I am not even sure it is the same person all the time. I think that it is a shared access site, and that is the log-in that comes up on it. That, or id drinks A LOT!
How does this guy keep getting elected are the people in his district that stupid?
id and I go back a looong way on here. Sometimes we even agree. So that is why, if you have noticed, we pretty much leave each other alone. 'Professional courtesy' between two old grouches (lol).
lmao ardill. Just leaving him at one of the rental car backlots at the airport with a sign that says "English Only" taped to his back will accomplish the same thing for far less money.
I will always vote against hate in this country. I suppose that our freedom of speech only applies to the accepted form of "english"Stand up for civil liberty.Maybe we should focus on important political issues. This is just distracting Nashville from our horrible public school system and alarming budget deficits...
All true, Ryan.
I read idgaf posts everyday, I think he a genius.
Holy crap, slacker actually thinks!
Welcome - all you illegals who want to have a better life in the good ole USA!!! By the way, we speak ENGLISH here in America.
Jeez...somebody needs to teach it to Crafton!