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Advocacy groups criticize Bruning record on bias cases

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By NATE JENKINS / The Associated Press

Tuesday, May 06, 2008 - 06:02:55 pm CDT

Several groups that fight discrimination in the state called Attorney General Jon Bruning’s record a shameful debacle on Tuesday, with one considering a lawsuit against him if he doesn’t change course.

But at the same time the advocacy groups sought to pressure the state’s top prosecutor, there were signs that his office could soon reach a truce with a state commission angry at him for not prosecuting more cases of alleged discrimination.

Officials from Bruning’s office and a member of the Nebraska Equal Opportunity Commission have been in talks the last several days trying to reach an agreement on how to prosecute more discrimination cases to satisfy both federal officials and the commission, according to both sides.

Story Photo
Jon Bruning

“I hope we can reach an agreement where we prosecute more people who violate the Fair Housing Act in Nebraska, which will necessarily include groups that may include illegal immigrants,” said Commissioner J.L. Spray.

At stake are hundreds of thousands of federal dollars the NEOC uses to investigate discrimination cases.

The commission, the U.S. Department of Housing and Urban Development, and Bruning disagree over whether he has to file suit when the commission forwards him a case. Bruning maintains that he doesn’t, which prompted HUD to provisionally pull its funding.

On Tuesday, six groups including the Fair Housing Center of Nebraska, the Anti Defamation League and the Nebraska Appleseed Center for Law in the Public Interest jointly criticized Bruning. Norman Pflanz, an attorney with Appleseed, said the group would “seriously consider” suing Bruning if he doesn’t begin prosecuting more cases of alleged discrimination.

“When we don’t go after discrimination, it sends the message to unscrupulous landlords and employers that they will not be held accountable and gives them a green light to create deplorable conditions or deny access to housing. This brings down conditions for all of us,” said Becky Gould, executive director of Nebraska Appleseed Center.

The disagreement between Bruning and the NEOC boiled over last month when Bruning said that while the law protects illegal immigrants from discrimination, he isn’t legally obligated to prosecute on their behalf and that they should seek legal counsel elsewhere.

HUD says that in housing law, a person’s immigration status is irrelevant.

Bruning’s office is confident it can find a middle ground that will satisfy HUD and the NEOC.

“There are ways to work it out where we would not have to bring lawsuits for monetary damages for illegal immigrants,” but would prosecute cases of alleged discrimination against illegal immigrants on behalf of the state, said David Cookson, Bruning’s chief deputy.

The discrimination law doesn’t require that landlords, for example, rent to illegal aliens, only that they not treat people differently based on their race, national origin or other factors.

Bruning has said that he would prosecute landlords if they discriminated against Hispanics or other groups, but he would not be a free civil lawyer for individuals who are illegal immigrants.

A proposed agreement between Bruning’s office and the NEOC could be before the commission to consider at its meeting May 16. If approved, it could end the commission’s consideration of whether to accept offers of free counsel from law firms lining up to sue Bruning.

He argues that the commission must have his approval to get legal help — free or not — and says he won’t sign off on the commission retaining an attorney.

The commission already has enlisted the help of a California law firm, over Bruning’s objection, to negotiate with federal officials and Bruning about the commission’s handling of housing discrimination cases.

While Bruning’s office and NEOC are now talking and hopeful an agreement can be reached, recent history suggests talks could fall apart quickly.

Commission members and Bruning thought they had reached an agreement last month. But just minutes after the commission expressed hope more discrimination cases would be prosecuted, the deal crumbled when Bruning restated that he wouldn’t prosecute cases on behalf of illegal immigrants.

That position, combined with his contentious relationship with the NEOC, puts Bruning in a difficult political position, said Arnold Nesbitt, chairman of the NEOC.

“The key to it now is the attorney general finding a way to save face. Legally I don’t think he has ground to stand on,” Nesbitt said. “He’s backed himself into a corner and everybody’s trying to help him out of the corner and take his foot out of his mouth at the same time.”

Cookson said that if people, including groups that criticized Bruning on Tuesday, want to resolve the issue they need to “stand down and let us work this out”


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Terry in California wrote on May 6, 2008 6:22 pm:
" I support Brunings position. Illegal immigrants do not deserve services such as free attornies. Come out here to Los Angeles for a few weeks, and you will agree. They are, as far as numbers, running rampant here. "

 Jan wrote on May 6, 2008 6:41 pm:
" Wow. The AG is in talks to decide if or when he will follow the law. Oh yes we have a great justice system don't we(sarcasm). "

 its ok to break the law wrote on May 6, 2008 6:56 pm:
" The take home message from Brunning is that is it ok to flagrantly break the law (housing discrimination) as long as the victim is an illegal alien. Perhaps the victim only needs to look like an illegal alien?? Perhaps if it's ok for landlords to VICTIMIZE people by raping them, beating them, robbing them, killing them as long as they are illegal aliens? Great idea to reduce the number of illegal aliens. And hey, if they can do that to illegals, maybe they can do that to the really poor, or mentally ill? Cuz who would stand up for those people?

I would bet most landlords wouldn't treat illegals any differently than anyone else as long as they pay rent and are good tennents. But for those that are likely to discriminate agains illegals, i.e. those that would break discrimination laws and social mores, may be just the same people that might break other discrimination laws. Any tool available to prevent housing discrimination should be followed through for the sake of all of us. You never know when you might fall into one of the "less desirable groups" and might be discriminated against. "

 Never wrote on May 6, 2008 7:41 pm:
" Stand down....I don't think so.

Why, so Bruning's ego isn't bruised? "

 hh wrote on May 6, 2008 8:30 pm:
" all those who support illegal aliens can sure as hell pay my share of taxes to support them! Let me know where to send the tax bill. "

 airedale wrote on May 6, 2008 8:38 pm:
" Translation:
Jon is chickening out.

"

 Ben wrote on May 6, 2008 8:47 pm:
" These groups that are critizing Bruning for not wasting taxpayer dollars on shoddy cases and illegal immigrants are the ones that need to be examined, not Bruning. Please keep up the good work, Jon! "

 Save Face wrote on May 6, 2008 8:54 pm:
" Bravo! Thank goodness these groups are finally standing up. Of course Bruning's office wants them to "stand down" and negotiate and be silent. Don't do it. With silence there is no accountability and Bruning has been allowed to do as he pleases fo much too long. Bruning should be able to defend his record. He should be able to explain why he has NOT represented the people of the state of Nebraks who have been discriminated against. Mr. Nesbitt's comments are a classic, but why is it their job to Bruning save face?! "

 Galen wrote on May 6, 2008 9:08 pm:
" Hang in there Mr Bruning! We waste enough tax dollars on illegals the way it is. "

 mTm wrote on May 6, 2008 9:26 pm:
" These group are nothing but liberal whacko's. I truly support JBfor doing what 90% want. We all dislike immigration and its only thw whacko's the want illegals flooding the area. Unlike liberals JB listens to what the majority of us want. "

 Dave wrote on May 6, 2008 9:46 pm:
"
Bruning apologists continue to bring up the illegal status of the victims, but clearly, those who know the law know the victims' status does not matter.

Nebraskans want all crimes prosecuted, not just those where we like the victims. "

 Think about this wrote on May 6, 2008 9:50 pm:
" What if, instead of the word 'illegal aliens', the phrase was 'families with children' or 'disabled persons.'.

The law isn't about immigration, it's about fair housing. While Bruning is flying the immigration flag, he's not pointing out the cases involving those situations, where he also did nothing. "

 John too wrote on May 6, 2008 10:00 pm:
" Hang in there Bruning. The NEOC has been sloppy in their pursuit of companies, property owners in many cases. Some slacker only has to make an allegation and with NEOC you are guilty until proven innocent. Illegal aliens are illegal. You don't even get to discrimination if they can't even prove they are here legally. Here is a note to all people renting out property, make all applicants prove legal status and it isn't discrimination. It is a reasonable expectation since legal residents who have proven their identity can't skip on bills as easily as illegals. "

 Kay wrote on May 6, 2008 10:28 pm:
" So if a landlord rents to an illegal immigrant and gets stiffed on the rent, how is the landlord to sue or remove the tenant from the property? If the tenant is illegal, how can they legally sign a lease which is a legal document? The housing discrimination law doesn't protect discrimination against illegal aliens. "

 kaseyo wrote on May 6, 2008 10:30 pm:
" Why is Mr. Bruning being persecuted for acting on the beliefs of 98% of Americans? Why should he use taxpayers dollars to protect illegals who are not paying taxes? You are doing your job Jon. Keep it up. "

 Citizen wrote on May 6, 2008 11:14 pm:
" If the law requires the state to provide free lawyer services to illegals who want to sue in order to live in subsidized housing, then the law needs to be changed. Here is yet another ramification of failed immigration policy. Fix it. "

 Darren wrote on May 6, 2008 11:50 pm:
" And where is our govenor in all this. Still trying to see which way the political wind is blowing on this issue so he can come out on the side that gets him the most votes. Way to lead from the rear like you have so far your entire time in office Dave. It's time you brought the AG up on a short leash and tell him he either starts to uphold the laws of this state or you lead impeachment proceedings against a sworn constitutional officer of this state refusing to do the job he was elected to do. "

 Were from the Government. Were here to help. wrote on May 7, 2008 12:59 am:
" Not that more goverment helps but I really think Landlords need to be registered, or educated, or licensed or something to the extent that they know what can and can't be done. Because honestly, If I were a Landlord, and I knew the individual was here illegally. It would bother me more that they are a flight risk as supposed to the fact that they are here illegally. And a flight risk has a myriad of financial consequences for the Landlord. But apparently, not taking them in does too. "

 tom wrote on May 7, 2008 5:07 am:
" Continue your fight Jon. I am in complete support ant trust of your efforts. "

 john q wrote on May 7, 2008 6:29 am:
" I support Brunings position, if they know these people are illegal why not pack them up and send them back. if these people were not breaking the law we would not have a proble here.
hey "its ok to break the law " if you are in so support of these illegals, why don't you open up your house to them. yes, I too am tried of paying taxes to support them. "

 Who wrote on May 7, 2008 7:14 am:
" Who said that all the housing discrimination cases involved illegal immigrants? According to the article there was only one case. What about all the others? Shouldn't Bruning procecute them?

Who said all the cases sent to him involved shoddy investigation? He has time to send his investigators to help out a missing persons case that has ample investigators already working it. Oh, right, it is politically expedient for him to send investigators there but not if it involves discrimination cases.

Time for Jon to retire. We need to get someone in there to enforce the laws on the books and not re-write the laws to suit him. Who said republicans aren't activist haven't met Bruning. "

 John wrote on May 7, 2008 7:15 am:
" The specific case being discussed here involves a landlord who has a limitation on the number of people who can occupy the dwelling he owns. The occupants, as it turns out, happen to be here illegaly.

The landlord has broken NO laws. A landord has every right to restrict the number of occupants who occupy the dwelling he or she is renting. There is NO reason for the state to go after the landlord in this case.

The next issue is with the people who are here illegaly. As they have filed an offical complaint and now the state knows they are her illegaly the question is, why are they still here? There is no law that gives an individual who is in the country protection from deportation simply because they filed a complaint with a state office. What is it about "illegal" that is so hard for so many people to understand? You want to prosecute a landlord who has broken no law but leave alone a person or persons who have broken the law by the very nature of them being in the state? "

 Ed wrote on May 7, 2008 8:02 am:
" Common John, you can waste more tax money and lose more subsidies for Nebraska, if you just try a little harder. "

 REALLY wrote on May 7, 2008 8:26 am:
" The NEOC is horrible at putting cases together - Bruning is correct in his stance. The NEOC tries to put rumors together and believes all landlords are part of the KKK.

What about the original case - where the tenants were more than likely breaking building and safety code by exceeding more than 2 persons per 100 square feet of bedroom space? Or municiple code of more than 3 non related people residing at the same address?

Why is it so hard to believe landlords want to follow the laws and rules? They are damned if you do, damed if you don't. "

 Roger wrote on May 7, 2008 8:36 am:
" This is simple. Just deport them, no defendants to testify, no lawsuit. NEOC is a joke in their invetigative ways, if they have not changed from years ago. If not in the Lincoln-Omaha area, everything is done by phone. And if NEOC is complaining about it being so terrible about Bruning not pursuing the landlord, did they report it to the police, or Immigration, the crime that has been committed by the illegals being in the state. If a crime is committed, and you are a state agency,should you not report it? Lots of drivers license examiners report suspicous documents to law enforcement, why cant the EOC. If they knew they had a man with a warrant in their office, would they not call? Just deport them, case closed. "

 What wrote on May 7, 2008 8:42 am:
" "Stand down and let us work this out" Cookson, have your own ideas, and quit being a puppet. You're not working things out, you've made them worse already, now you're adding to it. Whenever I see Bruning's name on anything, I immediately dismiss anything he has to say. I have no faith in Bruning or his abilities. "

 Go Bruning wrote on May 7, 2008 9:08 am:
" Bruning has said that he would prosecute landlords if they discriminated against Hispanics or other groups, but he would not be a free civil lawyer for individuals who are illegal immigrants.

ENOUGH SAID - he IS doing his job people - wake up
"

 Tim wrote on May 7, 2008 9:09 am:
" Help them, then deport them as soon as their case is resolved! Soon you won't have to worry about them showing up because their "victimization" is happening while THEY are in the process of breaking the law. Don't violate the law, EITHER way. Don't ignore their rights(?) and don't ignore their crime. "

 Phil P. wrote on May 7, 2008 9:16 am:
" File the case the NEOC wants filed, just make sure that immigration is at the hearing and deport the illegals. This will make the NEOC happy (the case was filed) and make the rest of Nebraksa happy (deport the illegal). A win-win solution. "

 ILLEGAL wrote on May 7, 2008 9:20 am:
" You people who are all anti illegal immigrants, are not getting the point. Yes they are here illegally and should be made to go home and come back legally (which isn't as easy as you may think). The point is that this man is the ATTORNEY GENERAL, a man who is supposed to FOLLOW and uphold the law. He is not allowed to break the law either, he is not allowed to do things illegally. This is a law! A law that does cover illegal immigrants, if you don't like the law, fight to have it changed, but until then, Bruning MUST abide by the law or you can't talk about the immigrants breaking the law. "

 Real Simple wrote on May 7, 2008 9:38 am:
" It is really simple for me. Landlords should be able to make a prospective tenant prove that they are a legal citizen. A prospective tenant is probably 18 or older and if they have difficulty speaking or cannot speak English, then that just might be your first clue that they are not from here. If they have attained legal status, then they should have the necessary paperwork to prove it. If I'm a landlord, I just make my application to include the previous 5 years of employment/residence with people of reference, phone numbers, and addresses. If the tenant cannot produce that or if the information that they have provided cannot be verified, then I just wouldn't rent to them.... wouldn't matter white, black, hispanic, christian, muslim, male, female or whatever. "

 Job wrote on May 7, 2008 9:42 am:
" Bruning is only doing this for political gain and he is gone as far as he go in Nebraska politics... so he might as well do his job. I am glad that he tries to stand up for taxpayers and this situation proves that our federal government NEEDS to do something about this issue. However, in this case I truly believe Bruning is only making a political statement.

I don't like my taxpayer money going to help illegal immigrants any more than I like my tax dollars going for a war that should never have been started. If you don't this war and our huge defense budget is the reason we are running up a huge deficit, you aren't paying attention. "

 Not about immigration at all... wrote on May 7, 2008 9:50 am:
" Bruning has failed to prosecute cases that do NOT involve immigrants of any status. This issue is not about immigration at all. He has made it about immigration because he has refused to do what he is legally required to do-enforce the laws that pertain to fair housing. If you leave out the ONE case that does involve an immigrant (even though this should clearly NOT be done from a legal standpoint)--you will notice that he has failed (more than 100 times) to enforce the law for citizens. What is his excuse for not taking cases that clearly involve citizens who are discriminated against? "

 Me wrote on May 7, 2008 10:03 am:
" Illegal immigrants do not deserve anything from the government, local or otherwise. If they want the service they need to become a citizen.

Also "Several groups that fight discrimination in the state called Attorney General Jon Bruning’s record a shameful debacle on Tuesday, with one considering a lawsuit against him if he doesn’t change course." sounds a lot like a threat to me.
"

 I wonder if Mr. Bruning did his job... wrote on May 7, 2008 10:16 am:
" that he would get compliants for helping out these undocumented workers??? It seems to me that the people against this group of people are just backing up Bruning because he's pandering to them. But if our Attorney General followed the law (as he should be) then he would be labeled as a "liberal whacko." Can't please those who don't wish to see reality or truth unless you feed them out of the palm of your hand. Our Attorney General must have an easy life because his job apparently isn't that hard for him. Then again, it wouldn't be hard for me if I had the same work ethic as he does! "

 dogma wrote on May 7, 2008 10:40 am:
" First to kaseyo, back in the 50's when segregation was quite acceptable, 98% of the population was fine with it. Should all the law makers have ignored the equal rights laws? Second, to Real Simple, the LAW states that a landlord cannot discriminate on basis of race, religion, disability or marital status. That means, you cannot tell someone who has difficulty speaking (English or any language) that they cannot rent from you. If you don't like it, sell your properties and get out of the landlord business. "

 New to Lincoln wrote on May 7, 2008 1:29 pm:
" Way to go John at least you seem to know what to stand up for. Now help us out with the gas price gouging. John Bruning for president. "

 Disappointed iby Big Red wrote on May 7, 2008 2:26 pm:
" Bruning's pig-headed conservatism is merely symptomatic. In general Nebraska has an execrable record for respecting and enforcing civil rights law. Maybe all this negative media attention from across the country will help encourage positive change. Just like discrimination victims oftem comprise "protected" not "SUSPECT' (as dishonesty and ignornce would have it) classes, opposing discrimination is itself a protected activity. By this logic, migrant workers complaining about housing discrimination should be shielded from any related prosecution. As my own personal experiences both in MO and NE will attest any organization that tries to frame discrimination complaints
as criminal harassment by the victim has a long way to go. Like a true ally of Bruning, UNL sometimes
handles discriminatio in the above blackhearted and punitive manner mainly to protect the institution from liability. "

 Kyle wrote on May 7, 2008 3:08 pm:
" Kay hit the nail on the head. Illegal immigrants can not sign a US legal binding lease anyway. If they don't pay how is the landlord supposed to get his monies owed?

And its easy for landlords to get around this anyway, just require ALL of your tenants to provide proof of citizenship. Then its not discrimination since it applies to everyone.


"

 Tim wrote on May 7, 2008 3:37 pm:
" Look, I find it difficult to take a position that can be perceived as defending people who are breaking the law, but I think that many commentators seem to be missing a basic point. That is, that in order for the immigration status of a person to come into play in the fair housing context, the property owner/manager/renter must first break the law by treating SUSPECTED illegal immigrants differently (i.e., discriminating against them based on their race) when the property owner either fails to rent to them based on an assumption that they are illegal, or requests that they prove their immigration status based on their physical appearance. The only way that I see to get rid of this dilemma would be to pass a law that requires proof of citizenship in housing transactions. However, I suspect that this would be a difficult law to pass given that there doesn't seem to be much of a link between citizenship (as opposed to proof of employment or income) and housing matters. "

 Tom wrote on May 7, 2008 3:53 pm:
" I do not want my tax dollars going to support people who are not even in my country by legal means. Honestly, who would? "

 marie wrote on May 7, 2008 7:43 pm:
" I am pleased that this issue is being addressed. Discrimination in any form or venue is wrong. Where does it stop and who might the next victims be? I applaud the advocacy groups for their action and hopefully this issue can be resolved soon.

hgff2 "

 Lori Jerkovic wrote on May 8, 2008 12:48 pm:
" One of the comments during NPR's story this a.m. about Bruning's trip to Iraq was regarding their consitution and the need to follow it. The Kurd's might have wanted to invite someone else since Bruning doesn't seem to see the need to follow the laws we have here. They also mentioned the many other trips he has made, is this vacation time, oh wait do you have to take a vacation from a job you don't do? "

 Kristine wrote on May 8, 2008 3:58 pm:
" The thing about this whole issue that irks ME is, all of you that are so hateful of everybody you perceive to be illegal, that you think you can look at somebody of color and just "KNOW" that they're an illegal. YOU are being unfair. It's just embarrassing to hear the simple minded rants of hickish 'We don't take kindly to strangers in these here parts....'. "

 mary p. wrote on May 9, 2008 8:18 am:
" The comments that Bruning supports what most of Nebraskans want are false. Percentages (like 98%) have been pulled out of the air. Where did the writers of these comments get these statistics? One must also consider that even though his decisions may indeed represent the majority, is the majority always right? I think not. "

 Karl wrote on May 12, 2008 9:28 pm:
" In a post dated May 6, "mTm" wrote: "We all dislike immigration." I hate to break it to you, mTm, but unless you're a member of a Native American tribe, you or your ancestors are immigrants. The only difference between your family and the "illegals" to whom you and Jon Bruning want to deny all human rights and dignity is a failure by the more recent immigrants to fill out the proper paperwork. You seem to consider yourself a real rock-ribbed conservative, ever vigilant against the "liberal whacko's" [sic]. But does a true conservative stand on the ceremony of legal technicalities and paperwork? Or does a true conservative -- and anyone else who believes in the American Dream -- show some respect for earnest, hardworking people who have left their lives behind and risked everything to try to pull themselves up by their bootstraps and make a better life for themselves and their families? Think about it. "

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