Macbeth
Banned
+2,444|5576

A woman who was barred from running for a city council seat in Arizona because she doesn't speak English proficiently has appealed the judge's ruling to the state's highest court.

The case has brought national and international attention to the southern Arizona border city of San Luis after Mayor Juan Carlos Escamilla filed a court action asking for a determination on whether Alejandrina Cabrera has the English skills necessary to serve a four-year term on the council.

State law requires elected officials to know English, but Cabrera's attorneys claim the law doesn't define proficiency in the language.

Cabrera told the Yuma Sun that she needs to improve her command of English but said her language skills are adequate for serving the border city of San Luis, where Spanish is used as often as English. She also told the newspaper that she will keep campaigning during the appeal.

Sociolinguistics expert William Eggington presented the court with results of three different tests he administered to Cabrera, who graduated from Kofa High School in Yuma. One measured her English-speaking skill, another was to determine if she reads the language, and the third was to assess her level of English comprehension.

Eggington's report said Cabrera's English skills did not meet the level of language proficiency needed to serve on the council.
http://www.foxnews.com/politics/2012/01 … y/#content

From another source, I think CNN, the town she wants to be on the council of is 98% Hispanic. Most of them are probably citizens of Mexico and speak Spanish as their first language. She is more than likely representative of the people she wants to serve.

So should she be barred from city council because she doesn't speak the nation's official language well enough?

On a sidenote- read the Fox comment sections. ATG's everywhere.
13/f/taiwan
Member
+940|5689
english is not the nation's official language.
Turquoise
O Canada
+1,596|6396|North Carolina
I'm less worried about her running and more worried about the fact that she graduated from an American high school unable to speak English well.

She should be allowed to run, but we should take a serious look at immigration policy, border security, and the quality of education in these border areas.
Turquoise
O Canada
+1,596|6396|North Carolina

13/f/taiwan wrote:

english is not the nation's official language.
Yep, but if we're not properly teaching English to immigrants, it's going to make things a lot more complicated in the near future.
Macbeth
Banned
+2,444|5576

13/f/taiwan wrote:

english is not the nation's official language.
Yeah I fucked that up. Sorry guys.

Last edited by Macbeth (2012-01-31 08:56:05)

HITNRUNXX
Member
+220|6700|Oklahoma City
Since English is not the nation's official language, then why should she have learned it in high school? She probably went to a local, Hispanic high school, and they probably taught in Spanish. And why not? You can't argue she should have to learn English, since English is not our official language.

Do I think English SHOULD be our official language? Yes. It would save a ton of money, confusion, and future issues... But, it isn't...

So from a legal standpoint, this sounds like discrimination against her, and it shouldn't matter what language she speaks. Until it is official, it doesn't matter.
Brasso
member
+1,549|6621

tries*
"people in ny have a general idea of how to drive. one of the pedals goes forward the other one prevents you from dying"
Macbeth
Banned
+2,444|5576

(╯°□°)╯︵ ┻━┻
west-phoenix-az
Guns don't kill people. . . joe bidens advice does
+632|6380
Arizona State Law

http://www.azleg.state.az.us/ars/38/00201.htm

Arizona Revised Statutes
Title 38 - Public Officers and Employees
Chapter 2 - QUALIFICATION AND TENURE
Article 1
38-201 - General qualifications

A. Every officer shall be not less than eighteen years of age, a citizen of the United States and a resident of this state.

B. No person is eligible to any office, employment or service in any public institution in the state, or in any of the several counties thereof, of any kind or character, whether by election, appointment or contract, unless he is a citizen of the United States, but the provisions of this subsection shall not apply to the employment of any teacher, instructor or professor authorized to teach in the United States under the teacher exchange program as provided by federal statutes or the employment of university or college faculty members.

C. A person who is unable to speak, write and read the English language is not eligible to hold a state, county, city, town or precinct office in the state, whether elective or appointive, and no certificate of election or commission shall issue to a person so disqualified.

D. Except as provided in subsection E, a person is not eligible for employment by or service for the state or a political subdivision of the state, including all boards and commissions of the state or political subdivision, all multimember governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions unless the person has registered with the selective service system if required by the federal military selective service act (62 Stat. 604; 50 United States Code App. section 453).

E. A person may not be denied a right, privilege or benefit by reason of subsection D if either of the following applies:

1. The requirement for the person to so register has terminated or become inapplicable to the person.

2. The person shows by a preponderance of the evidence that the failure of the person to register with the selective service system was not a knowing and willful failure to register.
Have her read the law aloud.
Read it to her and have her write it.
Seems easy enough to me.
If she can do it she meets the qualifications.
If she can't do it then she doesn't meet the qualifications.
https://i127.photobucket.com/albums/p123/west-phoenix-az/BF2S/bf2s_sig_9mmbrass.jpg
AussieReaper
( ͡° ͜ʖ ͡°)
+5,761|6144|what

She knows the English language. Or at least of it.
https://i.imgur.com/maVpUMN.png
Cybargs
Moderated
+2,285|6707

AussieReaper wrote:

She knows the English language. Or at least of it.
ingles
https://cache.www.gametracker.com/server_info/203.46.105.23:21300/b_350_20_692108_381007_FFFFFF_000000.png
Macbeth
Banned
+2,444|5576

Cybargs wrote:

AussieReaper wrote:

She knows the English language. Or at least of it.
ingles
engrish
Cybargs
Moderated
+2,285|6707

Macbeth wrote:

Cybargs wrote:

AussieReaper wrote:

She knows the English language. Or at least of it.
ingles
engrish
英語
Tiếng Anh
anglų
ಇಂಗ್ಲೀಷ್ (lol kannada)
અંગ્રેજી
английский
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Pug
UR father's brother's nephew's former roommate
+652|6533|Texas - Bigger than France
Well, the law does define proficiency indirectly. Every state has a proficiency test.  They just got to bring one out and test her.
Turquoise
O Canada
+1,596|6396|North Carolina

HITNRUNXX wrote:

Since English is not the nation's official language, then why should she have learned it in high school? She probably went to a local, Hispanic high school, and they probably taught in Spanish. And why not? You can't argue she should have to learn English, since English is not our official language.

Do I think English SHOULD be our official language? Yes. It would save a ton of money, confusion, and future issues... But, it isn't...

So from a legal standpoint, this sounds like discrimination against her, and it shouldn't matter what language she speaks. Until it is official, it doesn't matter.
That's a fair point, but at the same time, if Arizona state law requires English proficiency to run, then she's clearly in violation of the law.

Without the law that phoenix posted in place, this could be construed as a matter of discrimination, but since AZ specifically requires it for running, then it becomes a states' rights issue.

Every state has the legal leeway to require English proficiency in order to run for office, since this requirement doesn't specifically refer to a race, religion, gender, ethnicity, mental or physical handicap, or sexual orientation.

Language proficiency doesn't apply to any particular federally protected class.
KEN-JENNINGS
I am all that is MOD!
+2,973|6623|949

The law as posted by westpheonix doesn't mention anything about proficiency. Without a specific guideline of what constitutes the ability to speak the English language I don't really see how they can rule her out of the race.
HITNRUNXX
Member
+220|6700|Oklahoma City

Turquoise wrote:

HITNRUNXX wrote:

Since English is not the nation's official language, then why should she have learned it in high school? She probably went to a local, Hispanic high school, and they probably taught in Spanish. And why not? You can't argue she should have to learn English, since English is not our official language.

Do I think English SHOULD be our official language? Yes. It would save a ton of money, confusion, and future issues... But, it isn't...

So from a legal standpoint, this sounds like discrimination against her, and it shouldn't matter what language she speaks. Until it is official, it doesn't matter.
That's a fair point, but at the same time, if Arizona state law requires English proficiency to run, then she's clearly in violation of the law.

Without the law that phoenix posted in place, this could be construed as a matter of discrimination, but since AZ specifically requires it for running, then it becomes a states' rights issue.

Every state has the legal leeway to require English proficiency in order to run for office, since this requirement doesn't specifically refer to a race, religion, gender, ethnicity, mental or physical handicap, or sexual orientation.

Language proficiency doesn't apply to any particular federally protected class.
Yup, I missed it being "law" and only read all the things saying they "worried about her ability to do her job" so I retract my statement.

I could see this forcing the issue though... When this ends up heading to the Supreme Court, either English will be declared an official language, or added to the things you can't discriminate for... Maybe as a sub clause of ethnicity or something...
Jaekus
I'm the matchstick that you'll never lose
+957|5169|Sydney
If the town is 98% Hispanic and she wants to run it seems only fair. Up to the people to decide who they want to represent them.
eleven bravo
Member
+1,399|5250|foggy bottom
fwp
Tu Stultus Es
Spark
liquid fluoride thorium reactor
+874|6665|Canberra, AUS
Does anyone else find the massive typo in the title amusingly ironic given the topic?
The paradox is only a conflict between reality and your feeling what reality ought to be.
~ Richard Feynman
Macbeth
Banned
+2,444|5576

Spark wrote:

Does anyone else find the massive typo in the title amusingly ironic given the topic?
Screw off
Jaekus
I'm the matchstick that you'll never lose
+957|5169|Sydney

Spark wrote:

Does anyone else find the massive typo in the title amusingly ironic given the topic?
Kmar
Truth is my Bitch
+5,695|6592|132 and Bush

Jaekus wrote:

If the town is 98% Hispanic and she wants to run it seems only fair. Up to the people to decide who they want to represent them.
Right, that is how I see it. She could speak dothraki if enough of her constituents wanted their rep to. The US has no official language.
Xbone Stormsurgezz
Jaekus
I'm the matchstick that you'll never lose
+957|5169|Sydney

Kmar wrote:

Jaekus wrote:

If the town is 98% Hispanic and she wants to run it seems only fair. Up to the people to decide who they want to represent them.
Right, that is how I see it. She could speak dothraki if enough of her constituents wanted their rep to. The US has no official language.
I'm sure if the town was 98% Caucasian she would not stand a chance to be elected, and I doubt she would want to anyway.
Cybargs
Moderated
+2,285|6707

Jaekus wrote:

If the town is 98% Hispanic and she wants to run it seems only fair. Up to the people to decide who they want to represent them.
But do they hold citizenship xD
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