a law enforcement official or agency cannot consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.
Source: Arizona Legislature
Are you parsing those words to mean something I’m not? Do you think law enforcement & prosecutors will just ignore this part of the law? Those are really the only two option I see.
No I don’t think law enforcement officers will ignore this part of the law. But I do think the part about citizens having the right to sue if they think that law enforcement ISN’T enforcing the law will have a chilling effect. They may tend to ‘bend’ the rules a bit if they think someone watching is likely to sue them.
Well at least that’s a rational point – I disagree, but do so without pulling my hair out 🙂 I don’t see a lot of people just waiting to sue if the law isn’t enforced. I mean I just don’t see the threat of Joe Shmoe suing in that manner having any effect at all. Suing the government in general isn’t exactly a very productive activity. (That said, I’ve always said that if a multi-time drunk driver killed some one in my family, I’d make it my life’s mission to sue the legislator and judges who put him back on the streets time & again:)
Anyway, the point is everywhere I go I see this law called racist & xenophobic. I can understand disagreeing with the approach – that the state shouldn’t be involved & that it’s a federal issue (though again the feds ignore it while AZ has to face all the related social & criminal problems).
BUT given the clear, unambiguous text of the law, if you believe it is racist – if you believe it will lead to racial profiling then either you haven’t read the text, you’re understanding of those words is markedly different than mine or you don’t believe the police and DA’s will follow the law.
I don’t think the average citizen has the inclination, time or money to pursue the issue. But I do think there will be a determined group of people, strongly in support of the legislation who will do what they can to insure the law is being rigorously enforced.
But I do think there will be a determined group of people, strongly in support of the legislation who will do what they can to insure the law is being rigorously enforced.
And there we have really the only substantive difference between the Arizona law and the current, on the books federal law. One will (presumably) be enforced while the other has been ignored for years.
Source: Arizona Legislature
Are you parsing those words to mean something I’m not? Do you think law enforcement & prosecutors will just ignore this part of the law? Those are really the only two option I see.
No I don’t think law enforcement officers will ignore this part of the law. But I do think the part about citizens having the right to sue if they think that law enforcement ISN’T enforcing the law will have a chilling effect. They may tend to ‘bend’ the rules a bit if they think someone watching is likely to sue them.
Well at least that’s a rational point – I disagree, but do so without pulling my hair out 🙂 I don’t see a lot of people just waiting to sue if the law isn’t enforced. I mean I just don’t see the threat of Joe Shmoe suing in that manner having any effect at all. Suing the government in general isn’t exactly a very productive activity. (That said, I’ve always said that if a multi-time drunk driver killed some one in my family, I’d make it my life’s mission to sue the legislator and judges who put him back on the streets time & again:)
Anyway, the point is everywhere I go I see this law called racist & xenophobic. I can understand disagreeing with the approach – that the state shouldn’t be involved & that it’s a federal issue (though again the feds ignore it while AZ has to face all the related social & criminal problems).
BUT given the clear, unambiguous text of the law, if you believe it is racist – if you believe it will lead to racial profiling then either you haven’t read the text, you’re understanding of those words is markedly different than mine or you don’t believe the police and DA’s will follow the law.
I don’t think the average citizen has the inclination, time or money to pursue the issue. But I do think there will be a determined group of people, strongly in support of the legislation who will do what they can to insure the law is being rigorously enforced.
And there we have really the only substantive difference between the Arizona law and the current, on the books federal law. One will (presumably) be enforced while the other has been ignored for years.