This was the second lawsuit brought against the Township of Riverside, New Jersey, challenging the Town of Riverside Ordinance 2006-16 ("Illegal Immigration Relief Act"), which attempted to ban immigrants from renting, residing, using property, or being employed in Riverside Township. The other case, Assembly of God Church Riverside v. Township of Riverside, New Jersey, Case No.1:06-cv-03842-RMB-AMD, was pending in the U.S. District Court for New Jersey. [IM-NJ-2].

The complaint in this case was filed on October 18, 2006 in the Superior Court of New Jersey for Burlington County by attorneys with the ACLU of New Jersey Foundation, the ACLU Foundation Immigrants' Rights Project, the People for the American Way Foundation and the Puerto Rican Legal Defense and Education Fund. Plaintiffs alleged violations of the New Jersey Constitution and sought declaratory and injunctive relief to enjoin enforcement of the Ordinance. The case was assigned to Judge John Sweeney.

Riverside initially agreed to suspend enforcement of the ordinance while the case was pending and on October 25, 2006, Judge Sweeney entered a Consent Order which provided that the Ordinance or any amendments thereto would not be enforced without Riverside first giving plaintiffs' counsel at least 24 days written notice. On the same day the Consent Order was entered, Riverside Township Council introduced a revised version of the Ordinance at its council meeting.

On November 18, 2006, Riverside removed the lawsuit to federal court on the basis that it raised a question of federal law. On November 22, 2006, the Township enacted the Revised Ordinance (2006-26) which was patterned on a similar ordinance enacted in Hazleton, Pennsylvania. (The Hazleton Ordinance was the subject of federal court litigation - see Lozano v. City of Hazleton, IM-PA-1).

The federal court (Judge Renee Bumb) found no basis for removal and remanded the case back to state court on February 23, 2007. Following removal, plaintiffs filed an amended complaint, seeking injunctive relief to bar enforcement of the Revised Ordinance.

Citing escalating legal costs and an adverse ruling in the Lozano v. City of Hazleton case, the Township introduced a measure in August 2007 to repeal the Revised Ordinance. On September 17, 2007, the Township Council repealed the Revised Ordinance by a 3 to 1 vote. Given the repeal, plaintiffs reported that they would dismiss the case.

Dan Dalton - 11/08/2007


compress summary