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December 11, 2007

Employer sanctions foes want start delayed

December 9, 2007, Employer sanctions foes want start delayed
By Howard Fischer, Capitol Media Services

"Running out of time, groups challenging the new employer sanctions law said Saturday they will ask a federal judge to temporarily block the state from enforcing the measure until they get another day in court. David Selden, lead attorney for businesses seeking to void the law, said foes of the law decided Saturday to refile the case. The decision came one day after U.S. District Court Judge Neil Wake threw out the case - at least in part because Selden's clients did not sue the right people.

Selden acknowledged there is now no way to have a full-blown trial on the legality of the statute before it's due to take effect on Jan. 1. Instead, he will seek a restraining order to buy more time to make his case.

In his ruling Friday, Wake said the business groups asked him to block the Arizona Attorney General's Office from enforcing the law.

But the judge pointed out that the statute gives that duty to each of the state's 15 county attorneys. And since they were not brought into the case as defendants, the judge said he couldn't tell them what to do.

Selden said the new papers, to be filed Monday, will name the county attorneys as defendants...".

Posted by VisaLawyer at December 11, 2007 06:50 AM

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