CITY'S PROPOSED ILLEGAL IMMIGRANT ORDINANCE MAY COST IT BUSINESS

Avon Park is a small city of just under 8,600 known as the "City of Charm" located in the midst of Florida's citrus belt. It's population has swelled in recent years with people from Mexico, Haiti, and Jamaica who help harvest the cirtus crop and do other odd jobs when the citrus is not ready. Of course, to say there are no illegal immigrants amongst their ranks would be extremely naive. And that has Republican Mayor Tom Macklin burning.

Listening to a radio show last month, Macklin says he heard his counterpart from Hazelton, Pennsylvania discussing a proposal before his city council which would fine landlords $1,000 for every tenant they rent to who turns out to be in this country illegally. That set the mayor on the idea to propose his own version of Hazelton's ordinance for Avon Park.

The ordinance passed 3-2 on it's first reading before the nonpartisan City Council, and is likely to be adopted on final reading July 24.

Among the elements of this ordinance, Avon Park would make English the official language of the city, removing Spanish from all city documents, signs, and automated telephone messages, and deny business permits to companies who knowingly hire illegal immigrants.

As a matter of fact, one of the more controversial aspects of the proposed ordinance reads:

"WHEREAS, any for-profit entity, including acts committed by its parent company or subsidiaries, that aids and abets illegal alieans or illegal immigration shall be denied approval of a business permit, the renewal of a business permit, city contract or grants for a period no less than five years from its last offense. Aiding and abetting shall include, but not be limited to, the hiring or attempted hiring of illegal aliens, renting or leasing to illegal aliens, or funding or aiding in the establishment of a day laborer center that does not verify work status. Any act that aids and abets illegal aliens within the United States, not just within the city limits, will constitute a violation; ..."

The highlighted segments could result in the Arkansas retail giant Wal-Mart being denied a business permit for a planned SuperCenter which is scheduled to open next year. That would be because last March, in a deal with federal prosecutors and the federal Homeland Security department, Wal-Mart agreed to pay $11 million in fines for hiring illegal immigrants as janitorial workers in 2001 and 2003, although they were actually employed by private contractors hired by Wal-Mart.

The ordinance has divided much of the city, and even Avon Park City Attorney Michael Disler --- who said he had no role in drafting the ordinance --- was quoted in the Lakeland Ledger as saying it is not constitutional.

Disler told The Ledger on Wednesday the ordinance was "poorly drafted" and had "too many problems," including overly broad language and equal protection concerns.

Those comments elicited an angry reaction from Mayor Tom Macklin, who has championed the illegal immigration measure.

"If he felt that way, it was incumbent upon him to state that to City Council," Macklin said. "That speaks volumes of Mr. Disler's ability."

Disler said he only received the proposed ordinance --- drafter by Mayor Macklin based on the Hazelton measure (which is expected to pass today there) --- the afternoon of the first vote on June 26 and did not render an opinion during the council's debate.

If this measure becomes law, undoubtedly there will be a court challenge. For a city as small as Avon Park, you're talking about spending probably tens of thousands of dollars (or more) to defend against an ordinance which is constitutionally questionable at best and would have a doubtful effect on illegal immigration in the area and promotes racial profiling. You have to ask the people of Avon Park if they're ready to take on the costs of such a fight.