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KKKobach part 2 of 5

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Posted on June 03 2018





See Fish v Kobach, previously discussed here

part 1 of 5, Kobach anti-immigration laws, discussed here


Kris Kobach anti-immigration laws

I was previously incorrect regarding the litigation cost Farmers Branch, TX spent defending AND hiring Kris Kobach, who orginally wrote their City’s unconstitutional anti-immigration ordinance. Bob Phelps, the Farmers Branch City Major stated in this August 26, 2016 Dallas Morning News Article, found here


‘The fight cost the city about $6.6 million in legal fees, but it did an untold amount damage to its reputation...


In January of 2017, Farmers Branch, TX Mayor Bob Phelps updated how much this tiny City ended up spending, to defend an onerous law written by Kris Kobach in 2006, hold on to your hats, it cost this town big buck for an ordinance they NEVER codified:

“It wound up costing our city $9 million in attorney’s fees,” said Bob Phelps, the mayor of Farmers Branch, Tex., a Dallas suburb that saw its ordinance defeated in court after a seven-year legal battle. “And we accomplished zero.”

 See Washington Post January 2017 Article here.

Apparently Kris Kobach found a way to monetize his hate and draconian ideaology he was originally hired by no less than six small towns, to draft an anti-immigration ordnances:

Hazleton; ordered to pay $1.4 million 
Farmers Branch; spent $9 million 
Valley Park, Mo.; spent $270K defending 
Riverside, N.J.; spent $87K on Kobach’s ordinance 
Escondido, Calif.; spent $300K to defend Kobach’s ordinance
Fremont, NE

Then when each of these towns faced the appropriate and predictable federal legal challenges, they then hired Kris Kobach to “defend” them. I don’t know what else to call Kobach’s business model other than a two-way scheme. He snookered each of these Cities with his Ivory Legaue education (no joke Kobach is a Harvard, Yale & Oxford-educated - cough- lawyer).   

In 2006 Kris Kobach helped the City of Valley Park, Missouri write  two onerous and constitutionally unlawful anti-immigrant ordinances. penalizing businesses and landlords for hiring or renting to undocumented persons.

On March 12, 2007, the Honorable Barbara Wallace of the Missouri Circuit Court, County of St. Louis, ruled that the ordinances violated state law because the fines imposed by the City exceeded those permitted by state law. Judge Wallace permanently enjoined the City of Valley Park from enforcing the ordinances. In 2008, the City’s appeal of the Reynolds I decision was dismissed as moot by the Missouri Court of Appeals. Judge Wallace subsequently denied the City’s motion asking her to vacate her March 2007 ruling and injunction.

You can read the full 9 page Order in the Gray v. City of Valley Park, Missouri here. I would be remissed if I didn’t disclose that on Appeal the City of Valley Park won, link to the 2009 Appeal can be found  here 


In 2010 the small town of Fremont, NE passed a anti-immigration ordinance 5165. Shocker, their Ordinance was was largely written by Kobach. June 21, 2010, the citizens of Fremont passed a petition initiated ordinance relating to immigration 


The City of Fremont, NE was overwhelmed by the litigation cost that they actually set up a Legal Defense Fund. No really no joke it’s on their City’s website, found here 


 Nothing says American Values like hiring KKKobach to write unconstitutional anti-immigration laws and then opening a legal defense fund that’s crowd sourced. After the ACLU kicks your hate filled arses in both State AND Federal Court.


Again the City of Fremont hired Kris Kobach to not only write the ordinance but then to defend the Ordinance...and once again a Federal Judge found the language in violation of numerous federal laws.


You can read Judge Camp’s 37 page Order & Opinion here. Because the Plaintiffs prevailed in their Complaint against the City of Fremont, NE the City is on the hook for: 

...hereby move the Court for an order pursuant to 42 U.S.C. § 3613(c)(2), 42 U.S.C. § 1988(b), and Federal Rule of Civil Procedure 54(d)(1)-(2), awarding reasonable attorney’s fees and costs in the total amount of $709,245.07. 


Per the updates on the ACLU’s website, found here and reads in part:

Both sides appealed parts of the decision to the Eighth Circuit Court of Appeals. The Fremont City Council voted to continue the suspension of the ordinance's housing provisions during the course of the appeals, but permitted the E-Verify mandate to go into effect.

On June 28, 2013 a divided panel of the Eighth Circuit issued a decision upholding the ordinance and concluding that it is not preempted by federal authority over immigration law. The three-judge panel issued three separate opinions, including a strong dissenting opinion by Judge Myron Bright.

As Judge Bright's dissent points out, the panel's decision conflicts with every other decision by federal courts that ruled on similar housing and harboring laws passed by local and state governments, and is inconsistent with Supreme Court precedent. The ACLU petitioned the court to rehear the case en banc and the petition was denied on October 17, 2013.

The ordinance took effect on April 10, 2014.


Tomorrow I’ll dive into Kobach’s Voter Suppression, people like Kobach should not hold a law license or hold public office. He is a threat to civil rights and our democracy, so if Kansas wants to elect him as your next Governor, well Kansas that’s on you. If I lived in Kansas I’d second mortgage my homes to ensure KKKobach never held public office again. 


But then again KKKobach doesn’t understand that having kids sitting under a replica of a machine gun during yesterday’s parade is tone deaf AF.


Back in 2017 I know many of you remember me tweeting a formal investigation had been launched by the Supreme Court of Kansas. And that a complaint was filed against Kobach with the Department of Justice, well last month a second Bar Complaint was filed. I’ll drill down on those tomorrow -Spicy Out.

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