Civil-rights watchdogs put county on notice: Letter details opposition to English-only initiative...

Civil-rights watchdogs put county on notice


Letter details opposition to English-only initiative


By Dan Parsons
The Washington Daily News (NC), March 17, 2008

Recent actions taken by the Beaufort County Board of Commissioners to curb illegal immigration at the county level have caused several civil-rights watchdog groups “great concern,” according to an attorney for the state’s chapter of the American Civil Liberties Union.

“Several groups, at all levels of government, have been paying very close attention to Beaufort County since February 2007,” Katy Parker, legal director for the ACLU of North Carolina, said Wednesday. “We have no set plans for action right now because it seems most of it is being taken care of at the state level.”

The ACLU is one of the 15 signatories of the four-page letter outlining the concerns with the board’s moves over the past year to curb illegal immigration at the local level. The effort, led by commissioners Hood Richardson and Stan Deatherage, began in February 2007 with a mandate that signs posted on county buildings be in English only. The board has since met with an attorney who advised it on actions it could legally take to fight illegal immigration in the county. The board’s first move was to remove the Spanish-language option from county phone systems, which was deemed a civil-rights violation by the N.C. Department of Health and Human Services.

“The efforts being made and the language being used has been so meanspirited that it causes us great concern,” Parker said. “The measures being adopted seem not aimed at only immigrants but at U.S. citizens who are not English-speakers.”

On Feb. 8, 2007, commissioners voted 6-1 to “remove all signs that are written in foreign language posted on Beaufort County property unless the signs are posted as part of a state or federal mandate.”

“We believe that the resolution is unconstitutional under the First Amendment to the United States Constitution, as the policy constitutes an impermissible content-based regulation of speech in a designated public forum,” the letter reads.

At the board’s March 6 meeting, the board approved removing all automated phone systems from county phones, a response to DHHS’ claim that removing only the Spanish-language option was a civil-rights violation. Interpreters will still be on hand to assist callers who do not speak English, according to the motion approved by the board.

Parker said the motion “makes it clear that (commissioners) are trying to avoid the requirements of federal law.”

“These policies catch a lot of folks, including U.S. citizens, that are here legally, along with illegal immigrants,” Parker said. “What about tourists, documented immigrants and others that may need access to services? The undocumented population has certain constitutional rights as well.”

The letter states that not only are the board’s measures “bad public policy,” but, in the opinions of those who signed the letter, they are unconstitutional.

“We believe that these new measures may abridge the rights of individuals who are not proficient in English, including American citizens, and perpetuate false stereotypes of immigrants and non-English speakers,” the letter reads. “Not only are they ineffective in terms of public policy, these resolutions are contrary to the spirit of tolerance and diversity embodied in our Constitution. In addition, certain of the measures appear to be unconstitutional.”

Also in February, commissioners passed a resolution asking the state to stop printing voter-registration forms in Spanish. In their letter, the civil-rights groups said the United States “does not require English literacy as a condition for naturalization for people over 50 or for those who have been in the U.S. for more than 20 years.”

“Therefore, there are many elderly immigrant citizens whose ability to read English is limited, and who could not exercise their right to vote without bilingual voter materials,” the letter reads.

Joyce McCloy, founder of the N.C. Coalition for Verified Voting, said that measure could restrict the voting rights of legal non-English-speaking residents while targeting illegal immigrants.

“Studies show that even for fully bilingual people, it is better to read important legal documents in their native language,” McCloy said. “It is a small thing to do to provide these documents when needed.”

McCloy brought the board’s decision to the attention of Don Wright, general counsel for the State Board of Elections. In an e-mail response to McCloy’s inquiry, Wright wrote “that a state or local jurisdiction cannot eliminate Spanish-language voter registration forms. This is consistent with the 2007 opinion of legislative legal staff that advised the N.C. General Assembly that a then pending bill to eliminate Spanish language voter registration forms would violate federal law.”



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