Cobb sued over not checking legal status for business licenses

By TOM OPDYKE
The Atlanta Journal-Constitution

Published on: 07/18/08

An opponent of illegal immigrants says Cobb County is violating state law by not requiring applicants for business licenses to show they are legal residents.

D.A. King of Marietta claims in a lawsuit that Cobb is getting around the requirement by making an artificial distinction in its licensing.

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“The law says that before issuing ‘public benefits,’ Georgia agencies must first require an affidavit attesting to either U.S. citizenship or lawful immigration status … ,” King said in an e-mail statement. “Commercial licenses are defined as public benefits.”

Although Cobb officials declined comment on the lawsuit, they have said in the past that the county does not require proof of legal U.S. residency for its conventional license, which is an occupational tax certificate. Applicants for a license that involves any of about 10 regulated businesses must undergo a criminal background check, officials have said.

Semantics, King said.

“They have redefined the word [business license] to subvert the intent of the law,” he said.

Lawyer Jamie Hernan, whose firm often represents immigrants, said King was stretching state law.

“What’s next? Fire service, police services, emergency medical service? Is it going to be limited to people who can establish legal residency?” Hernan said.

He said King’s lawsuit reflects another attempt to get rid of illegal immigrants by making their lives difficult.

“It fails to recognize that a lot of undocumented immigrants who are here are economic or political refugees from conditions that are far worse than anything Georgia can create for them,” said Hernan, who has clashed with Cobb over local ordinances governing boarding houses and day laborers.

King has challenged the county commission about the issue since December. He said he filed the lawsuit because he has not been satisfied with the county’s response.

Last December, the county told King it had more than 25,000 enterprises operating with an occupational tax certificate — the license most businesses have. It also said the county regulates 10 types of businesses through licensing that requires a special permit and a criminal background check.

As of December, the county reported it had issued about 1,100 regulatory business licenses for enterprises such as astrologers, door-to-door salespeople, carnivals, pawn shops, flea markets, taxicabs, vehicles for hire and modeling agencies.

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