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Juan Miret
Hispano de Tulsa
Tulsa, OK- The 32 chairs at the courthouse were full. The Hispanic community came out in massive numbers and only 4 seats were left for the radicals.
Minutes before the hearing began, the stands at the District Court were decorated with colorful t-shirts which had printed on them a map of the United States made up of flags from all over the world accompanied by the statement “A Nation of Immigrants.”
The scanty radical representation, noticeably uncomfortable, had to settle for a corner of the room to wait for the judge’s decision.
A little over an hour after the hearing began, the judge for the case, Jefferson Sellers, declared: “I deny the petition from the state to deny the lawsuit against 1804, please Professor Thomas, continue with your explanation of the unconstitutionality of the law.”
The Plaintiffs
Professor James Thomas, representing his son and plaintiff Michael Thomas, demonstrated his vast knowledge of the law.
Judge Sellers’ respect for Professor Thomas was evident, always referring to him as professor, even more so when he asked for an explanation of section 12 of 1804 because he found it “very hard to understand, with confusing language” adding that “there is no one better to explain it than [Prof. Thomas].”
Attorney Steve Hickman completes the plaintiff’s team; he ridiculed 1804 stating it was “dumb, very dumb, and unacceptably immoral”; on the other had, he displayed his dislike for the state’s legal team for having denied him the opportunity to discuss the document presented by the Archbishop of the Catholic Diocese of Tulsa, Edward Slattery.
Hickman’s wit brought a smile to the judge’s face, especially when he stated that “when [he] heard and read the state’s petition [he] fell flat on the floor, [he] could not believe it,” immediately after, he turned his gaze to his colleague John Jarboe, who represents the Archbishop, and made a victory signal.
The Defendants
Governor Brad Henry was represented by the assistant to the attorney of the state, Dan Weitman, who obviously nervous, tried to explain that the Professor’s argument was illogical.
“In order to enforce 1804 it is necessary to use public funds and to finance programs for assistance between the state and the federal government, it is inevitable and it should not create reasons for lawsuits.”
It must be noted that the defense was caught turning in an erroneous copy of 1804, instead, they turned in a preliminary version which was missing a section.
In the end, the defending team presented a complete copy to Sellers.
As far as the defense for the local county commissioner is concerned, the assistant to the district attorney, James Duna, was nowhere to be found, instead sending a spokeswoman from the department.
The Lawsuit
The plaintiff, Michael Thomas, has taken the Governor and the commissioners of Tulsa County to court for diverting and improperly using public funds belonging to Oklahoma, clearly violating the local constitution.
The supreme law of Oklahoma clearly states that public funds provided by the tax payers cannot be used to fund federal programs.
The jail within the Sheriff’s department is a tacit example of this violation as it is funded by the taxes paid by Tulsa residents, funds which are being used to capture illegal immigrants.
The Hearing
On April 11, the lawsuit process will continue against the severe 1804. Once again, all parties will meet at 10 in the morning at the municipal court.
The remaining arguments are up to the team representing the state, once those are complete the hearing will be finished and all that will be left is the judge’s verdict.
Sellers could make an immediate decision or could take some time to make it. For now, all that can be done is wait and hope that justice will prevail.
You can attend the hearing, the district court is located at 500 South Denver in downtown Tulsa, and the courtroom is on the 7th floor, room 713.
(Translation by Rosario Guerra)
