Local view: Bruning needs to stop fighting and do his job
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BY VINCE POWERS
Attorney General Jon Bruning repeatedly has chosen not to enforce Nebraska fair housing laws during the term of his office. His May 8 Point of View opinion piece deliberately failed to inform the readers that three other law firms in addition to Kathleen Neary of my office have offered to represent the Nebraska Equal Opportunity Commission for free.
The many lawyers who have volunteered have done so because the attorney general is making a mockery of Nebraska’s proud reputation of fairness for all.
Because there would be no fee charged to the agency, neither the attorney general nor the governor need approve such a hiring. One does not need to be a lawyer or a member of a political party to interpret the following law of the Sate of Nebraska to which Bruning swore an oath to uphold:
“Section 20-331(1) N.R.S. states:
1. … the Commission may authorize a civil action for appropriate temporary or preliminary relief pending filing of this disposition of the complaint under this section. Upon receipt of such an authorization, the Attorney General shall promptly commence and maintain such an action.”
Only Bruning interprets the word “shall” to mean “maybe.” Nebraskans agree that residents shall be free from housing discrimination. Bruning has chosen to ignore the law and not prosecute landlords who discriminate against disabled individuals, families with children, people of color and others. Bruning has seized upon one isolated incident involving an alleged illegal immigrant to justify his attempt to sabotage the Nebraska Equal Opportunity Commission.
The Nebraska Legislature, comprising many more Republicans than Democrats, enacted 20-304 N.R.S., which defined those who could seek relief under the Unfair Housing Laws as “aggrieved person shall include any person.”
Only Bruning defines “any person” as “any person Bruning considers worthy.”
The attorney general is wrong that a federal law that prohibits benefits to illegals justifies his refusal to do his job. Enforcing anti-discrimination laws is done for the benefit of all, as those suits are brought to promote the public policy of the state of Nebraska.
Next, the attorney general attempts to defend his refusal to do his job by attacking the NEOC’s investigators. If there are shoddy investigations being done by the NEOC, that is the fault of Bruning and no one else because he is the NEOC’s legal counsel.
Meanwhile, Bruning has allowed Nebraska to become a sanctuary state for employers who knowingly hire illegal immigrants while refusing to prosecute dozens of cases on behalf of disabled persons, families, the elderly and people of color over the past six years.
Bruning, having milked the NEOC flap for publicity, is flip-flopping on his earlier position. On May 1, Bruning said, “I’m not going to use taxpayer dollars to file lawsuits for illegal aliens.” Now he says he “won’t seek monetary damages for illegal aliens.”
Apparently he will file suit for nonmonetary relief on behalf of illegal aliens. So much for his declaration that he will not work for free for anyone who cannot prove their citizenship.
The suggestion that Neary — who has probably won more jury trials in Nebraska on behalf of victims of sex and race discrimination in state and federal court — or I would be motivated by politics in our desire to save the NEOC is just stupid. We know how important the NEOC is to the quality of life in Nebraska.
Some advice to Bruning: Please stop insulting your fellow Republicans with your inferences that only Democrats believe in enforcing anti-discrimination laws. Republicans I know are fair-minded people who are tired of you making them look foolish with your comments.
As for me, if I were interested in scoring points for Democrats, I would say, “Jon, step up to the mic and keep on talking.” Instead, as a lawyer who has had the privilege of talking to numerous juries on behalf of my clients, let me say, “Jon, trust the juries, trust the system, trust your friends and neighbors in the community and the state, because they almost always do the right thing. Nebraskans are good, honest, hard-working people who think everyone should be treated fairly.”
Vincent M. Powers is a Lincoln attorney and a member of the Democratic National Committee.
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twister wrote on May 11, 2008 10:27 am:
shafted again wrote on May 11, 2008 2:55 pm:
did in his recent column about equal rights in Nebraska and the NEOC's key role in enforcing them. I applaud his belief in the fundamental decency
of Nebraska's citizens and trust it is not misplaced or overstated, but as
a person who unfortunately must admit to being
no stranger to official dishonesty and malfeasance, I'm afraid that my discrimination experience in Lincoln sets
a new record for systemic bad faith, more than fulfilling the bromide that people here are behind the times and self-righteously punitive. Because UNL abusively used their
incompetent police force to investigate my discrimination complaint, and the
NE ombudspeople and UNL's Equal opportunity office lied about taped evidence of that discrimination I have had to get the Federal Department
of Education and even the Justice Department involved. To top it
off, due to the obscene abuse of power by UNL's police and their unnecessary harassment at my workplace I lost a job where my performance
record otherwise fully met and exceeded expectations. Once the system fails apparently it sets off a domino effect for making the victim pay beyond any reasonable culpability for others' irresponsibility and incompetence. The Replublicans currently in office now are way too complacent
in the face of horrible injustice. "
Come on Vince wrote on May 11, 2008 3:13 pm:
Tim wrote on May 11, 2008 6:13 pm:
FedUp wrote on May 12, 2008 10:48 am:
"
Grundle wrote on May 12, 2008 1:32 pm:
Anonymous S. Sioux CityNE wrote on May 12, 2008 5:23 pm:
Bleak House wrote on May 13, 2008 7:38 pm:
services and view this as a plotical contest of egos between Bruning and Vince Powers? "