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Local View: AG's office always fights discrimination

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BY JON BRUNING

Thursday, May 08, 2008 - 09:58:01 am CDT

The interaction between my office and the Nebraska Equal Opportunity Commission (NEOC) has been in the news lately, but it seems the facts are in short supply. The bottom line in all of this is that this office will always prosecute those who discriminate.

The Journal Star’s May 2, 2008, article said that Vince Powers’ law firm intended to sue me for not filing cases. I was not asked if I wanted to defend myself, nor were the “facts” in the article checked for veracity.

Furthermore, the Journal Star didn’t say that Mr. Powers is the National Committeeman for the Nebraska Democratic Party, with plenty of incentive to make political hay when it comes to Republican Attorneys General. This paper was his tool, hopefully unwittingly.

Story Photo

Since I became Attorney General in 2003, my office has filed 13 of 21 housing cases referred to us where the NEOC found reasonable cause that discrimination occurred. The contention that we have not pursued a single case is wrong.

In regard to the recent case that has garnered so much attention, our office initially did not pursue the case because there was no evidence of discrimination, not because of the tenant’s immigration status. The tenant, who was late on his rent, was asked for a copy of his driver’s license, as was every other tenant in the complex. He was not treated any differently than anyone else. In fact, he volunteered his status and asked our office not to proceed with the case.

The immigration issue came to light when I was asked whether my office would represent an illegal alien against a landlord in a civil case. My position is this: While I will always prosecute a landlord who has a pattern and practice of actual discrimination, I will not file lawsuits to seek monetary damages on behalf of illegal aliens.

Nebraska law grants the attorney general sole discretion in the filing of lawsuits. I have a legal responsibility to only file those cases that have merit. In a housing case, merit means having reliable evidence that a person was denied housing benefits because of race, color, religion, national origin, handicap, familial status or sex.

When a well-investigated case showing actual discrimination is brought to this office, we prosecute. The attorneys in my office have spent hundreds of hours working with the NEOC to better its investigations. I want to fight discrimination, and I stand ready to work with the NEOC to do so.

Jon Bruning is the Nebraska Attorney General.


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Tracy wrote on May 8, 2008 9:27 am:
" Mr. Bruning, thank you for doing your job WELL for the citizens of this state. You are the subject of a great deal of scrutiny and dislike by people who are unaware of and unwilling to learn about the law - people who like to react on pure emotion and indicate that you are mean-spirited simply because you choose to uphold the law. I was disappointed when you dropped out of the Senate race, and hope that in the future you will choose to run. We need people like you - willing to uphold and enforce our laws - in positions of leadership in our government. Thank you! "

 Grundle wrote on May 8, 2008 11:16 am:
" I'm sure you'll catch tons of flak on this story's comment board...but not from me. I think you have done an excellent job, Jon. Keep it up. "

 Darren wrote on May 8, 2008 11:19 am:
" My guess is unless a white republican is discriminated against you aren't going to feel any case has merit. You aren't allowed to pick and choose the laws you feel like prosecuting. "

 Not Convinced wrote on May 8, 2008 11:28 am:
" Mr Bruning, just because you like to politicize every issue does not mean that the Journal Star and Mr. Powers do the same. You are not the martyr you make yourself out to be.

Your article only specifies the number of "housing cases" you have prosecuted after the NEOC's investigation, but your complacency has not been limited to housing discrimination cases. There are also employment discrimination and sexual harassment suits which you have refused to act upon.

Mr. Bruning, you aren't fooling anyone. The people in this state do not like to have the wool pulled over their eyes, so please stop trying to do so. "

 Eyes Wide Open wrote on May 8, 2008 12:54 pm:
" Bruning makes numerous and knowing factual mistatements here. Check your facts and open the case files yourself before you pen an opinion designed to "save face" -- it has only served to further erode your credibility. "

 We want the truth wrote on May 8, 2008 1:07 pm:
" Come on Jon, do you think we really believe you ALWAYS fight discrimination? If you have spent hundreds of hours working with the NEOC, then why are the investigations not any better? I would like to see the documentation of that assistance! Now you are out of the country and not here to get dealing with this issue. It is time to stop lieing and blaming the NEOC or Vince Powers and admit your ignorance to the law and resign. "

 madazhl wrote on May 8, 2008 1:25 pm:
" Bruning claims his attorneys spent hundreds of hours working with the NEOC, it would be better said that they spent hundreds of hours in coming up with excuse after excuse for not taking cases forward after the NEOC jumped through every hoop they put up throughout the investigation. Enough is enough. The AG’s office has no intention of EVER filing civil action on behalf of individuals in this state, regardless of legal status. Why? Because it doesn’t make cents ($) to; Bruning knows that Respondents are most likely small business owners, which, bottom line, translates into campaign contributions to further his political career. He’s been “standing ready to work the NEOC”, alright…standing, and watching people in this state have their housing rights completely trampled on, and does nothing to stop it. The time for “agreements” is over with. He needs to be held accountable for his blatant disregard for the laws. "

 New to Lincoln wrote on May 8, 2008 1:35 pm:
" Mr. Bruning
Thank you for responding to the unfairly biased Opinions being printed from a source that normaly will not print anything that goes against thier party line. If they had bothered to check thier facts instead of trying to smother the truth with obviously slanted party rhetoric. I for one will support you in your future decisions because you have shown that you think about what to do not just follow along. I do not expect this to be allowed to be viewed but a copy will be forwarded to your office to show that there are people in the state that do support you. Thanks again and keep up the good job. "

 Westerner at heart wrote on May 8, 2008 2:26 pm:
" Kind Sir, You seem to be part of the problem not the solution. You and
your ilk only help confirm the commonly held perception that Nebraska is
populated by hateful bigots. Trickle up ethics won't work. The toxic authoritarianism seems to be raining straight down from the top. "

 Underwhelmed wrote on May 8, 2008 3:00 pm:
" It speaks exceptionally well of the Democratic party, and their Nebraska Committee person also that they would stand up to Bruning's atrocious betrayal
of the constitutionally protected right to equal treatment under the law of all living beings. Mr. Bruning,
with all due respect, your column just reads like more of the Orwellian doublespeak I've
grown all too familiar with from the Powers That Be during my beleaguered stay in Lincoln.If a landlord asked only one couple among all his tenants
to show driver's licenses, this obviously shows differential treatment and
constitutes fairly strong evidence
of discrimination. Nothing is easier than to ignore or just dismiss solid
evidence of discrimination or other wrongdoings out of hand with a sweeping denial that any proof of the incident happening exists. This is one of the oldest tactics of sophistic lawyers on the books.So sorry it also apparently characterizes the practice of NE's AG. "

 wow... wrote on May 8, 2008 3:28 pm:
" It's nice that Jon Bruning left out sexual orientation...I know gays who have been refused housing. "

 foodthought wrote on May 8, 2008 3:53 pm:
" Bruning supporters beware: If the state agency goes down, what that means for people accused of and found guilty of housing discrimination is that the Feds are going to investigate the claim, and the penalties for a cause finding could triple what it would be at the state level. So, don’t get too excited. "

 Just one wrote on May 8, 2008 4:03 pm:
" Can anyone give me an example of a single case the AG did not take that had evidence of actual discrimination. Before all the knee-jerkers flip out, I'm not arguing one way or another, It's just that in all the complaining, I have yet to see any evidence that the cases the AG refused to pursue were legit. If anyone can point me in the right direction it would be appreciated. "

 Liars wrote on May 8, 2008 8:21 pm:
" Dear Just One, When you intend to hide evidence of discrimination and you are the AG, it's no problem. I thought the conservative reactionaries were the knee jerks among us, myself. "

 booing wrote on May 8, 2008 8:31 pm:
" It seems to me that if the Feds pulled funding, there had to be a reason. There must be much more to this story that the public is aware of. I'm booing for Bruning. BTW: Why is he in Iraq? What is the point of that grandstanding? I don't think it'll get him re-elected. "

 Dave wrote on May 9, 2008 7:00 am:
" Like it or not folks,its the law!


Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.
"

 peb wrote on May 9, 2008 9:10 am:
" So after reading Dave's comment, I notice that businesses can also be charged with a felony for "assisting an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment,. . ." Has Bruning gone after any businesses that hire illegal immigrants?
"

 Curious wrote on May 9, 2008 10:56 am:
" What WERE you doing in Northern Iraq? "

 SouthLincoln wrote on May 9, 2008 1:05 pm:
" Unfortunately, "wow..." sexual orientation is not yet recognized the by the state as a "protected class". Nebraska is one of the few states yet to make that change in their books. "

 Mark wrote on May 9, 2008 10:56 pm:
" I agree with Dave, we need to prosecute the illegals. What about the school teacher in western Nebraska, Lexington? ICE and the state needs to hit them and prosecute ALL involved with letting them be there, including the schools.That will stop it. Arizona does not want them, we have too many and have laws to stop it. Remember all those stolen guns from Lincoln? They are here and the illegals buy them then rob citizens. Thanks Lincoln. "

 tortured logic wrote on May 9, 2008 11:00 pm:
" Attorney General Bruning has adopted the Bush-like Republicans penchant for tortured logic. Such as his reasoning to prohibit honoring those who died in the Hastings Regional Center. Other states have taken this sorry story of disrespected people who died 100 yrs ago (plus or minus)& affirmed their human dignity in death that they did not get while in the "care of the state". A number on a headstone, ashes in a coffee can in the basement. But, Mr. Bruning reasoned that if they were identified & given proper burials with real markers like the rest of us will get it would be embarrassing to their families now, they might be discriminated against, stigmatized. Good grief. His reason for not doing the right thing is the very definition of discrimination that he should be fighting! Won't serve people who are in this country if they don't have paperwork. The civil rights law says "people in the" country. Basic human decency. Incest? Parents got papers? Sorry, no help, no protection. When will Nebraskans wake up & dethrone these privileged, insensitive, abusive & phony public servants? Somehow lawyers have argued torture is OK & failing to do you public duty (state agencies) is OK. Tortured logic is apparently OK, too. "

 miguelina wrote on May 12, 2008 4:41 pm:
" Why are people confusing the two issues? There was NO discrimination found in that case. So Powers (head of Dem party- no bias there, huh?) wants to sue him based on how Bruning answered a hypotheical question? What a stupid waste of time and money! "

 Mayday wrote on May 12, 2008 7:58 pm:
" Thank you Jon Bruning for doing what is right. Illegal aliens do not belong in this country and should not be allowed to sue or whine about being discriminated against when they don't even belong here. Legal immigrants and citizens are the only ones who should be able to file a discrimination suit. The sooner we quit pandering to the illegals the sooner they will go home on their own. "

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