Washington, DC -- Judicial Watch, the public interest group that seeks to promote the rule of law, announced today that California Superior Court Judge Rolf M. Treu has ruled against the Los Angeles Police Department in an attempt to halt a lawsuit challenging Special Order 40, the LAPD sanctuary policy that prohibits police officers from inquiring about an individual’s immigration status and restricts police officers’ ability to communicate freely with federal immigration officials about illegal aliens (Harold P. Sturgeon v. William J. Bratton, et al., Case No. BC351646.)  Judge Treu overruled the LAPD’s “demurrer,” which would have ended the lawsuit, following a July 27 hearing.  The case will now proceed to discovery.

“The parties have expended a great deal of energy arguing their substantive claims here on demurrer.  However, in a demurrer, the sole issue is whether the facts pleaded, if true, state a valid cause of action,” Judge Treu noted in a tentative ruling delivered to both parties the day before the hearing.  “[Judicial Watch’s] complaint sufficiently alleges a cause of action…to withstand demurrer.  The demurrer is therefore overruled.”

Judicial Watch filed the lawsuit on behalf of Harold P. Sturgeon, a City of Los Angeles taxpayer, on May 1, 2006.  The lawsuit alleges that Special Order 40 violates both federal and California law.  It seeks a judgment declaring that Special Order 40 is illegal and an injuction preventing the LAPD from spending any additional taxpayer funds to carry out or enforce the policy. 

“It cannot be denied that Special Order 40 and the policies, practices, and procedures arising thereunder violate both the letter and spirit of [federal law],” Judicial Watch argued in a legal memorandum filed with the court on July 14.  “The LAPD has adopted what is in effect a ‘Don’t Ask, Don’t Tell’ policy with respect to immigration status.”

In 1996, Congress enacted legislation which states, “…a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service (now Immigration and Customs Enforcement) information regarding the citizenship or immigration status, lawful or unlawful, of any individual.” 

“Police officers are our first line of defense against any kind of illegal activity, and LAPD’s sanctuary policy helps illegal aliens to remain undetected in the City of Los Angeles,” said Judicial Watch President Tom Fitton.  “In so doing, Special Order 40 undermines enforcement our nation’s immigration laws.”

To read a copy of the Judge’s “Tentative Ruling,” click here.

To read more about Judicial Watch’s Special Order 40 lawsuit, click here.

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