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GABRlELA GONZALEZ-LAMBERSON, Plaintiff, v. DAVIS BROADCASTING OF ATLANTA, LLC, JORGE LOPEZ a/k/a "EL VAMPIRO," and ULISES UGALDE a/k/a "BaCHa," Defendants. DEFENDANTS' MOTION TO STRIKE AND TO DISMISS CIVIL ACTION FILE NO. lIC-08425-4
NOW COME Defendants herein and respectfully submit this Motion to Strike and to Dismiss the Complaint pursuant to O.C.G.A. § 9-11-11.1, Georgia's "anti-SLAPP" (Strategic Lawsuits Against Public Participation) statute, and pursuant to O.C.G.A. ~ 9-11-12(b)(6) for failure to state a claim upon which relief may be granted. The Complaint should be dismissed for two reasons. First, the challenged statements were made in the context of Defendants' discussion of matters of significant and substantial concern to the community of Mexican citizens residing in Atlanta, including recent immigration legislation in Georgia and Alabama and the pending legal challenges to those laws, and are therefore non-actionable under Georgia's anti-SLAPP. statute. The anti-SLAPP statute
recognizes the paramount public interest in protecting Georgia citizens' rights to learn about, participate in, and comment on such matters; indeed, there is arguably no more significant issue of concern to Defendants' listeners, and as such discussion of the adequacy of the consulate's
and its affiliates' Defendants'
of the community's
interests is the most common topic on
anti-SLAPP statute prohibits claimants such as Plaintiff
from using the courts as a weapon to suppress the exercise of those rights, even when the speech at issue is hyperbolic and crude. Critical, even harsh commentary about important public matters and the public figures
involved in them is precisely the type of speech which the General Assembly sought to shield from retaliatory lawsuits through the anti-SLAPP statute's protections. For this reason, the anti-
SLAYP statute required Plaintiff and her counsel each to provide a detailed verification that the Complaint herein was not brought for purposes prohibited by the statute. Because the speech at issue is privileged requirement under Georgia's anti-SLAPP statute, and because despite notice of the
both Plaintiff and her counsel failed to verify the Complaint as required by the
statute, the Complaint should be stricken under O.C.G.A. § 9-11-11.1. Second, even if the Complaint had been properly and timely verified, the Complaint must fail as a matter of law because, when reviewed in context, no reasonable listener could construe the challenged statements - which were expressly and contemporaneously speculation listener irreverent and nothing more -- to be assertions have understood the comments acknowledged to be A reasonable hyperbolic and
of fact regarding Plaintiff. merely as the nonfactual,
typical of the morning talk radio genre.
For this reason the
Complaint should be dismissed as a matter of law. Defendants contemporaneously have submitted herewith. a Memorandum of Law
support of this Motion, filed
WHEREFORE Defendants respectfully request that this Court inquire into and sustain
thls motion, and enter an Order' dismissing Plaintiffs 11.1 and 9-11-12(b)(6). Respectfully submitted "" 12th day OfM~ S. Derek Bauer _ Complaintpursuant to O.C.G.A. §§ 9-11-
Georgia Bar No. 0425'37 Darren J. Solomon
McKENNA LONG & ALDRIDGE LLP 303 Peachtree Street, NE. Suite 5300
Atlanta, GA 30308 Telephone: (404) 527-4000 Facsimile: (404) :527-4198 Counsel for Defendants
CERTIFICATE The undersigned the foregoing counsel MOTION
counsel of record certifies that 'a true andcorrect TO STRIKE as follows: AND T0 DISMISS
was served upon
of record by u.s. Mail
R. Keegan Federal. Jr.
FEDERAL & HASSON, LLP Two Ravinia Drive Suite 1776 Atlanta .. Georgia 30346 This 12th day of March 2Q12, .~ S. Derek Bauer
Georgia Bar No. 042537 Darrell 1. Solomon
McKENNA LONG & ALDRIDGE LLP 3,03 Peachtree Street, NE, Suite 5300 Atlanta, Georgia 30308
Georgia BarNo. 305922
(404) 527-40.00 (404) 527-4198
IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA
GABRIELA GONZALEZ-LA1v1BERSON, Plaintiff,
CIVIL ACTION FILE NO. 11C-08425-4
DAVIS BROADCASTING OF ATLANTA, LLC, JORGE LOPEZ a/k/a "EL VAMPIRO," and ULISES UGALDE a/kJa "BOCHO," Defendants.
BRIEF IN SUPPORT OF DEFENDANTS' MOTION TO STRIKE AND TO DISMISS
NOW COME Defendants herein and respectfully submit this brief in support of their Motion to Strike and to Dismiss the Complaint pursuant to O.C.G.A. § 9-11-11.1, Georgia's "anti-SLAPP" (Strategic Lawsuits Against Public Participation) statute, and pursuant to O.C.O.A.
,r 9-11-12(b)(6) for failure to state a claim upon which reliefmay
This lawsuit arises from allegedly defamatory comments made by Defendants Ugalde and Lopez on their Hispanic morning talk and call-in radio show broadcast by Defendant Davis Broadcasting of Atlanta, LLC ("Davis"). Plaintiff is the Executive Director of the Instituto de Mexico, Inc. (the "Institute"), a Georgia non-profit organization closely affiliated with the Mexican consulate in Atlanta. (Complaint ("Cmplt.") 16.) Plaintiff alleges that Messrs. Ugalde and Lopez slandered her by
in the performance
of the Mexican consulate and two affiliated organizations en el Exterior (the "Institute community for Mexicans
the Institute, and the Instituto de los Mexicanos Abroad" or the "IME") - and the increasing
criticism of those organizations' Specifically, in the context of referred to
perceived efforts on behalf of the regional Mexican community.
discussing those issues, Messrs. Ugalde and Lopez and their co-host mistakenly
Plaintiff as the Executive Director of the IME (as opposed to the Institute) and speculated about how and why she was given an important and lucrative position with an institution so vital to Mexican-American interests in the community given her Cub~n heritage. Messrs. Ugalde's and
Lopez's comments, the vast majority of which were jokes and clearly hyperbolic, included their admittedly speculative remark that it is possible Plaintiff had obtained her position as a result of a sexual or political relationship Atlanta. The Complaint should be dismissed for two reasons. were made in the context of Defendants' First, the challenged statements with the former consul general of the Mexican consulate in
discussion of matters of significant and substantial
concern to the community of Mexican citizens residing in Atlanta, including recent immigration legislation therefore in Georgia and Alabama non-actionable under and the pending legal challenges to those laws, and are anti-SLAPP statute. The anti-SLAPP statute
recognizes the paramount
public interest in protecting Georgia citizens' rights to learn about,
participate in, and comment on such matters; indeed, there is arguably no more significant issue of concern to Defendants' and its affiliates' listeners, and as such discussion of the adequacy of the consulate's of the community'S interests is the most common topic on
Defendants' radio program. Georgia's anti-SLAPP statute prohibits claimants such as Plaintiff from using the courts as a weapon to suppress the exercise of those rights, even when the speech at issue is hyperbolic and crude. Critical, even harsh commentary about important public matters and the public figures involved in them is precisely the type of speech which the General Assembly sought to shield from abusive and retaliatory lawsuits through the anti-SLAPP statute's protections. For this reason, the anti-SLAPP statute required Plaintiff and her counsel each to provide a detailed verification that the Complaint herein was not brought for purposes prohibited by the statute. Because the speech at issue is privileged under Georgia's anti-SLAPP statute, and because despite notice of the requirement both Plaintiff and her counsel failed to verify the Complaint as required by the statute, the Complaint should be stricken under O.C.G.A. § 9-11-11.1. Second, even if the Complaint had been properly and timely verified, the Complaint must fail as a matter of law because, when reviewed in context, no reasonable listener could construe the challenged statements -- which were expressly and contemporaneously acknowledged to be speculation and nothing more -- to be assertions of fact regarding Plaintiff. A reasonable
listener would have understood the comments merely as the nonfactual, hyperbolic and irreverent social commentary typical of the morning talk radio genre. Complaint should be dismissed as a matter of law. For this reason the
II. A. The Parties 1.
Plaintiff Gonzales-Lamberson Director of the Institute, a Georgia non-profit organization The
Plaintiff is the Executive dedicated to developing
Mexican interests in Georgia.
(Cmplt. ~ 6.)
Institute enjoys a close affiliation
and business relationship
with the Mexican
Atlanta, which entity is the primary advocate for the interests of Mexican citizens residing in Georgia, Alabama and Tennessee, particularly with respect to the changing immigration laws in Georgia and Alabama. Consul dado (See Exhibit A hereto, Tab 1: Home Page of the Website for the General de Mexico The Institute, advocacy en and Plaintiff Atlanta, in her
«ht1p:llportal.sre.gob.mx/atlantaiindex.php?Itemid=l». capacity as its Executive in Georgia, Director, including
also play an important participating
role for the Mexican federal court
as a plaintiff
in the pending
challenge to the constitutionality ("HB87,,).1 Plaintiff
of House Bill 87, Georgia's recently passed immigration law placed herself at the center of the single most listeners - the pending legal challenge to the
has thus voluntarily
significant issue of public concern to Defendants' constitutionality 2. ofHB87.
Defendants Davis Broadcasting. Ugalde and Lopez Davis is the broadcaster of the local radio station La Raza 102.3FM.
Jorge Lopez and Ulises Ugalde are the two primary hosts of La Raza's morning talk from complaint at ~~ 1-11 & 38-39 and Tab 3: Plaintiffs
Exhibit A, Tab 2: Excerpts Declaration in support thereof.
and call-in radio program Los Hijos de la Manana ("The Sons of the Morning"). 10.) Defendants'
(Cmplt. ~~ 7-
unscripted radio program is known for its irreverent, humorous and hyperbolic of particular interest to Atlanta residents or Neal Boortz. (Exhibit B,
discussion of topical news, politics and entertainment
of Mexican heritage, in the style of Don Imus, Rush Limbaugh Affidavit of Ulises Ugalde at the performance community's
& 6.) Discussion
policy, and in particular the Mexican
of the Mexican
and its affiliates
interests with respect to the changing immigration laws in Georgia and Alabama, morning talk and call-in radio program.
is the most popular and common topic on Defendants' (Id. at ~ 5.)
The Broadcast At Issue
of the July 13, 2011 broadcast at
The Complaint contains only a partial transcription Issue. (Cmplt. ~~ 12 & 13.) is submitted herewith An accurate recording
of the first eight (8) segments of the of those
on the attached CD, and an accurate transcription
segments by a certified translator is attached hereto at Exhibit D. 3 The primary topics of Defendants' major Mexican newspaper regarding July 13 radio program were (1) alleged reports in a in the performance of the
failures and "irregularities"
2 While it is coincidental that Mr. Limbaugh has recently been in the headlines for his own boorish commentary about a young female law student who chose to testify before Congress regarding birth' control issues, that recent high profile incident does neatly illustrate the point: reasonable listeners are trained to accept such commentary as hyperbolic, not literal, and Defendants' listeners are no different. See, e.g., http://www.citmedialaw,org/blog!2012/nosandra - fluke-does- no t-have- valid-defamation-c1aim-agai11st-rush-lim baugh
Defendants' recording of the broadcast is incomp lete and stops at or near the end of Segment 8; references beyond this portion of the broadcast are made to Plaintiff's transcription in her Complaint.
Mexican consulate and two organizations
affiliated with the consulate - the Instituto de los
Mexicanos en el Exterior (the "Institute for Mexicans Abroad"), known as the "IME", and the Insitute - and (2) the increasing community criticism of those organizations' perceived efforts
on behalf of the regional Mexican community, particularly in light of the changing immigration laws. Specifically, Messrs. Ugalde and Lop~z and their co-host, Liliana, were discussing a July 11, 2011 column published in a Mexico City, Mexico based-newspaper by political journalist
Carlos Ramirez, which article reported problems with the Atlanta consulate and its failures to adequately represent Mexicans in Georgia and Alabama regarding "aggressive immigration
laws," Exhibit C, Transcript at p. 2, and that the Atlanta consulate problems, as well as reports of "irregularities" Felipe Calderon.4 Most of the broadcast involves discussion (both among the radio personalities and at the Institute run by Plaintiff, are under review by the Mexican President
listeners calling in) of the recent changes to the immigration laws in Georgia and Alabama, and the failures of the Mexican consulate in Atlanta - and in particular the former consul general, Salvador de Lara Rangel - to effectively represent the interests of the Mexican community in those matters and others. In segment 3, the hosts discuss the total failure of the consul general to advocate against the pending immigration legislation: And not just that but also Alabama and Tennessee and all the surrounding states say that when they propose such a terrible anti-immigration law in Alabama they tried to contact the consul general with questions like what do you think? What protection do we have? How do we take care of ourselves? How are you going to help us as Mexicans in a foreign country? He never, never answered the phone
4 Accurate copies of Mr. Ramirez's Exhibit A, Tab 4.
article, in both Spanish and English, are attached hereto at
and when they found him a few days later he said that, "well I took some medicine and it left me out of combat." (Id. at 4.) Further, from Mr. Ugalde: "And not even, and they couldn't ... the government, the government's office in Mexico couldn't find the consul himself to talk about the H[B]87 ... So when Mexico was looking for him about what was going on here about the antiimmigration laws, they were looking for the consul and they couldn't find him!" (Id.) The discussion then turns to the published reports of "irregularities" with the Institute run
by Plaintiff, id at p. 3, and the IME, id. at p. 4. The discussion includes reports of substantial price increases for services provided by the Institute to the Atlanta community on behalf of the consulate; that those matters were under review at the highest level of the Mexican government,
id. at p. 3; and that the director of the lME, an organization which promotes programs to benefit
Mexicans living in Georgia and elsewhere, is of Cuban heritage and enjoys a salary of
$10,000.00, id. at p. 4.5 Segment 4 of the broadcast consists of the program hosts' criticism of the former consul general's lack of involvement with the Atlanta community, and closes with an invitation to
listeners to call-in "if you want to give your opinion about what is going on with the Mexican consulate," id. at p. 5.
Not insignificant, the radio program hosts' discussion of these issues of serious and legitimate importance to their listeners is frequently interspersed with jokes. For example, Mr. Lopez's reaction to the consul general's claim that he took some "medicine" that prevented him from being available to comment on pending anti-immigration legislation in Alabama: "I know about medicines that take you out of it, they're called Corona and Sol," which are two well-known Mexican beers, see Exhibit C at p. 4; and Liliana's humorous swipe at Mr. Lopez: "You could be a politician Vampiro. You're not saying anything that's going on." Id.
Segment 5 of the broadcast is discussions with callers regarding their varying experiences with and opinions and criticisms of the Mexican consulate, id. at 5-7. Segment 6 opens with a reminder to listeners of the topic: "Ladies and gentlemen we're talking about problems that the Mexican consulate here in Atlanta is having now," id. at 7. The hosts discussed the implications listener call. of the consul general's diplomatic immunity and took another
Mr. Lopez then notes that a source has given him information that the former
consul general has politically connected friends, id. at 8. In Segment 7 the program hosts discuss the fact that the Mexican community in Georgia does not enjoy the luxury of boycotting the consulate because, particularly Georgia of HB87, legal status documentation additional complaints segment's about the performance after the passage in
is essential, id. A fourth listener call is taken and of the consulate are discussed, id. at 9. At the
end a fifth call-in listener complains that he and his family were treated badly by the
Atlanta consulate, which would not even let his children eat outside while they waited for service, id. at 10. After the listener hangs up, Mr. Ugalde notes that the consular services are a business, and the discussion turns to the Institute, which makes money on the documentation services it provides on behalf of the consulate, id. Although the hosts reference the IME, it appears, given the subject matter of the discussion (the provision of paid services on behalf of the consulate), that they are intending to reference the Institute run by Plaintiff. The hosts
question how much profit is being generated by the IME and how much the director of the organization is being paid, id. Segment 8 contains the statements opens with Mr. Lopez's challenged in Plaintiff's Complaint. The segment
comments that, based on a confidential source, it is "possible" that the
director of the HvIE obtained her job based on a "type of sexual favor or it could be said that could be a type of political favor," id., emphasis added.
The comments thus included Mr. Mr.
Lopez's express disclaimer that they were not assertions of fact, but entirely speculative." Ugalde then makes what was clearly ajoke - in fact, a crude play on words: The wife of Consul Salvador de Lara called the consulate from Mexico and the IMB girl answered. What's her name? She answers and the Consul's wife says, 'Did my husband come already'? "Oh yes, twice already. He is now smoking and is even half-asleep." (Cmplt. ~ 13, at p. 18.)
Per the Complaint, the remainder of the broadcast includes discussion of the complaints about the Institute and its fees charged to the Mexican community described in the Carlos Ramirez newspaper in Atlanta (those issues
column attached at Exhibit A, Tab 4), and alleged and makes an exorbitant
anger that the director of the 1MB is Cuban, rather than Mexican, salary.
(Cmplt. ~ 13, at p. 18-19.) While their co-host, Liliana, questions how Plaintiff got her
position (mistakenly refernng to Plaintiff as the director of the IME, as opposed to the Institute), Messrs. Lopez and Ugalde make what are obviously jokes, albeit crude ones, that to qualify for Plaintiffs job one need only "make the bed squeak all day long" or "polish [the consul
general's] shoes." (Cmplt. ~ 13, at p. 19.) C. Lack of Anti-SLAPP Verification gave notice to both Plaintiff and of O.C.G.A. § 9-] 1-
In their Answer filed December 27, 2011, Defendants
her counsel that her Complaint is subject to the verification requirements
6 Even according to the Complaint's alleged translation, Mr. Lopez makes clear that his comment is entirely speculative: "Liliana, Liliana, we are saying it 'might' be some type of sexual favor." (Cmplt. ~ 13, at p. 17, emphasis added.)
11.1, and that the failure to timely verify the Complaint would require its dismissal. Eleventh Affirmative Defense.) No verification has been made. III. Grounds For Dismissa1
Two independent grounds require dismissal of the instant Complaint: (1) connection The allegedly defamatory with matters of substantial immigration comments were statements and commentary public and legislative made in
concern, including the recent to O.C.G.A. § 9-11-11.1
Georgia and Alabama
laws, and therefore
Plaintiff and her counsel were required to verify that her Complaint was not brought for the improper purpose of retaliating against or stifling such protected speech. Despite notice of the
omission, Plaintiff and her counsel failed to submit the required verifications, and as a result the Complaint must be stricken; and (2) defamatory When examined comments in the context of the entire broadcast in which the allegedly
were made, and further in context of the medium through which the
comments were made (i.e., a morning radio talk and call-in program), it is clear no reasonable listener would believe Defendants' comments regarding Plaintiff were asserting statements of
fact, but instead admittedly speculative and hyperbolic expression, and therefore the statements are not actionable as a matter of law. There is no factual dispute about either ground. IV. A. Lega1 Standards
Standard on a Motion to Strike Pursuant to O.e.G.A. § 9-11-11.1 anti-SLAPP statute provides protection from lawsuits intended to limit
by the citizens of Georgia in matters of public significance through the exercise of
rights of freedom of speech . . . [which exercise] should not be chilled O.C.O.A. § 9-11-11.1(a). The anti-SLAPP legislation
through abuse of the judicial process."
made only one substantive change in the law, which was the enactment of O.C.O.A. § 51-5-7(4). That addition to the statute on privileged communications created a new privilege for statements as defined in O.C.O.A. § 9-11-1 1.1(c), so long as they are "made in good faith .... " Atlanta Humane Society v. Harkins, 278 Oa. 451, 455 (2004) (quoting O.C.O.A. § 51-5-7(4». O.C.O.A. § 9-11-11.1 (c) defines the privileged conduct -- "act(s) in furtherance of the right of free speech" -- to include "any written or oral statement , , . made in connection with an issue under consideration or review by a legislative, executive. or judicial body, or any other official
proceeding authorized by law." O.C.O.A. § 9-11-11.1(c). The Georgia Court of Appeals recently confirmed that "O.C.O.A. § 9-11-11.1 creates an 'expansive definition' of protected speech," which includes even a press conference held to talk
about an issue under consideration by a legislative or judicial body. Adventure Outdoors, Inc. v. Bloomberg, 307 Ga. App. 356, 705 S.E.2d 241 (2011). "[T]he intent of the anti-SLAPP statute is to encourage communication the exercise of free speech and afford a procedural protection to acts of
on public issues."
Harkins v. Atlanta Humane Society, 264 Ga. App. 356, 359
(2003) (emphasis added).
Such acts include "any ... oral statement ... made ... in connection
with an issue under consideration or review by ... a governmental body." Id. at 355-56. Claims arising from statements made in connection with matters of public concern "must be accompanied by a detailed verification and [O.C.O.A. § 9-11-11.1 (d)] provides for a motion to dismiss and hearing" to determine whether the challenged statements were privileged as an act in furtherance of the right of free speech, or if the claims made are interposed for an
improper purpose such as to suppress comments regarding official proceedings or investigations. Metzler v. Rowell, 248 Ga. App. 596, 597-98 (2001) ("the threshold question of compliance with the anti-SLAPP statute is decided on motion to dismiss or motion to strike"); see also Harkins, 278 Ga. at 456 (dismissal authorized where "the statements were made in good faith, or ... the claim interposed for an improper purpose"). unburdensome and a procedural prerequisite The verification requirement
to pursuing any claim that challenges speech or
commentary about matters of significant public concern: By requiring the party opposing the petitioner and his attorney to verify the substance of their complaint, and thereby face sanctions if the verification proves substantively improvident, the anti-SLAPP statute insures that any challenge to the right to petition government must be based on substantive facts. The verification requirements of the statute are relatively simple and straightforward. Minimal effort is necessary by the party bringing suit to verify his complaint. and, if the party verifies improperly, he is given an additional ten days from the day that he is informed of the deficiency to correct his complaint. A paIiy who fails to comply," ith such a simple prerequisite, which. in turn. protects the important right to petition gOv,ernnlent, should be subject to dismissal with prejudice. ,'" [T]his procedure strikes the appropriate balance between one party who wishes to petition the government to address grievances and another party who wishes to bring a lawsuit stemming from the acts of the petitioner. The petitioner is encouraged to file his grievances with protection from vengeful politicos, while opposing parties, who have valid substantive claims, are still allowed to bring such claims following a simple verification procedure. Hawks v. Hinely, 252 Ga. App. 510, 516 - 517 (2001) (emphasis added). not an unreasonable "Such requirement is
burden to satisfy the public policy of this State, and the risk of the
complaint being stricken only comes after ten days notice that such statutory protection has been invoked; therefore, no surprise exists, creating an undue hardship on the plaintiff." Denton,
supra at 237.
The Court is entitled to consider evidence beyond the pleadings on a motion to dismiss under O.C.G.A. § 9-11-11.1.
Metzler, 248 Ga. App. at 600 (because anti-SLAPP statute
"provides for limited discovery in conjunction with the filing of a motion to dismiss or motion to strike, the introduction of evidence produced by that discovery should not convert the motion to one for summary judgment")'
B. Standard on a Rule 12(b)(6) Motion to Dismiss 1. Legal Requirements a. for Stating Claim for Defamation
Definition of Slander
Slander is a subcategory of defamation; thus, a statement must first be defamatory to be slanderous. See O.C.O.A. § 51-5-4; see also Fink v. Dodd, 286 Ga. App. 363~649 S.E.2d 359
(2007); Fiske v. Stockton, 171 Ga. App. 601, 320 S.E.2d 590,592-93 (1984). b. Defamatory Meaning
"Whether or not words, which are untrue in fact, are actionable depends on whether the covert meaning attributable to them is understood by the reader in the covert sense." Morrison
v. Hayes, 335 S.E.2d 596, 597 (Ga. Ct. App. 1985).
"In considering whether a writing is
defamatory as a matter of law, we look at what construction would be placed upon it by the average [listener]."
Webster v. Wilkins, 217 Ga. App. 194, 195, 456 S.E.2d 699, 701 (1995)
(quoting Mead v. True Citizen, Inc., 203 Ga. App. 361, 362,417 S.E.2d 16 (1992)) (emphasis added). "[C]ourts will not hunt for a strained construction in order to hold words being used as defamatory," Webster, 456 S.E.2d at 701, and a reader's subjective decision to impute a defamatory meaning is not actionable as libel. Zarach, 500 S.E.2d at 5. When the alleged
statements "[are] not ambiguous and can reasonably have but one interpretation," the question of whether the statements are defamatory is for the Court. Mead, 417 S.E.2d at 17.
c. Opinion Statements See S& W Seafoods Co. v. Jacor
Only statements of fact may be found defamatory.
Broad. of Atlanta,
194 Ga. App. 233, 390 S.E.2d 228, 230 (1990).
Mere speculation or
conjecture is not actionable. Collins v. Cox Enters., 215 Ga. App. 679, 452 S.E.2d 226, 227 (1994). To be actionable, a statement of opinion must imply an assertion of undisclosed and defamatory fact about the plaintiff. Jaillett v. Georgia Television Co., 238 Ga. App. 885, 88990,520 S.E.2d 721, 725-26 (1999), citing Restatement (Second) of Torts, § 566, pg. 170. This requirement unquestionably excludes from defamation liability not only statements of rhetorical hyperbole ... but also statements clearly recognizable as pure opinion because their factual premises are revealed ... Both types of assertions have an identical impact on l'eaders - neither reasonably appearing factual-and hence are protected equally undet th€ .prinCiplesespoused in Milkovich.
Jaillett, 520 S.E.2d at 726 (emphasis added).
In making this determination, the Court may
consider whether the "general tenor" of the publication negates any implication of defamatory fact about the plaintiff. Milkovich v. Lorain Journal Co., 497 U.S. 1,21 (1990). Where the challenged statements are fairly characterized as "rhetorical hyperbole" that "cannot reasonably be interpreted as stating actual facts about an individual," such statements are protected by the First Amendment. Id., 497 U.S. at 20. This protection "provides assurance that public debate will not suffer for lack of 'imaginative expression' or the 'rhetorical hyperbole' which has traditionally added much to the discourse of our Nation." Horsley v. Rivera, 292 F.3d 695, 701 14
(11th Cir. 2002) (Geraldo Rivera claim that anti-abortion activist is accomplice to murder inactionable as exaggerated, non-literal commentary on live talk-show and thus protected speech). Whether a given statement is an assertion of fact or is non-actionable opinion
question of law to be determined by the court as a threshold issue. Collins, 452 S.E.2d at 227 (emphasis added); see also Bose Corp. v. Consumers Union a/United States, 466 U.S. 485,51011 (1984). d. Allegedly Defamatory Statements Must Be Examined In Context
An allegedly defamatory statement cannot be construed in isolation; instead, the
broadcast in its entirety must expose the allegedly defamed individual to hatred, contempt or ridicule through a provably false assertion of fact: "The test to be applied in determining
whether an allegedly defamatory statement constitutes an actionable statement of fact requires that the court examine the statement in its totality in the context in which it was uttered or published." Smith v. Stewart, 291 Ga. App. 86, 660 S.E.2d 822 (2008) (emphasis added); see
also, e.g., Horsley, 292 F.3d at 702 ("In determining whether [allegedly defamatory broadcast]
is entitled to protection as rhetorical hyperbole, we must consider the circumstances in which the statement was expressed."); Hoffman-Pugh v. Ramsey, 312 F.3d 1222, 1226 (11th Cir. 2002)
(Applying Georgia law, "[w]e must examine the entire book in order to determine if the statements about which [plaintiff] complains are unambiguous and can have but one reasonable interpretation, or whether the question of their meaning is for the jury."),"
7 The «publication" at issue here is the entire broadcast, which is properly before the Court on a motion to dismiss because Plaintiff refers to it in her Complaint and it is central to her claims.
"[Tlhe context to be considered is both narrowly linguistic and broadly social,"
v. Evans, 750 F.2d 970, 982 (D.C. Cir. 1984) (en bane), and "[t]he listener's reasonable
interpretation, which will be based in part of the context in which the statement appears, is the proper measure for whether the statement is actionable." Ward v. Zelikovsky, 136 N.J. 516, 529, 643 A.2d 972 (1994); see also Mead, 203 Ga. App. at 362 ("In considering whether a writing is defamatory as a matter of law, we look at what construction would be placed upon it by the average reader.") For this reason, when considering context, courts "also look at the 'medium by which the statement is disseminated and the audience to which it is published. '" Wilson v.
Grant, 687 A.2d 1009, 1014, 297 N.J. Super. 128, 137-38 (1996) (citing Cole v. Westinghouse B'casting Co., Inc., 386 Mass. 303,435 N.E.2d 1021, 1025 (1982); see also Horsley, 292 F.3d
at 701-02 (applying Georgia law, considering context of live cable television talk-show program).
2. Legal Requirements Privacy for Stating a Claim for False Light Invasion of
Although Georgia recognizes an independent claim for false light invasion of privacy, the same constitutional and common law defenses to defamation actions also apply to such claims.
E.g.. Brewer v. Rogers, 211 Ga. App. 343, 350,439 S.E.2d 77 (1993); S&W Seafoods, 194 Ga.
App. at 237. Matters which are privileged as to a libel claim cannot form the basis for false light invasion of privacy. Collins v. Creative Loafing Savannah, 264 Ga. App. 675, 592 S.E.2d 170
312 F 3d at 1225-26; see also See Bryant v. Avado Brands, Inc., 187 F.3d 1271, 1281, n. 16 (lIth Cir.1999); and Sturm v. Marriott Marquis Corp., 26 F.Supp.2d 1358, 1365 (N.D.Ga.1998) ("In considering a motion to dismiss, the Court may not normally rely on evidence outside of the pleadings. However, it may do so where the documents are undisputedly authentic and were specifically relied on in the plaintiffs complaint. "),
See, e.g., Hoffman-Pugh, 16
(2003). Thus a constitutionally
privileged statement of opinion cannot form the basis of a claim
for false light. S&W Seafoods, 194 Ga. App. at 237. V. A. Argument And Citation Of Authority Because
Plaintiff's Complaint Should Be Dismissed Required By Georgia's Anti-SLAPP Statute 1.
Defendants' Broadcast Regarding Immigration and Consulate Issues Of Significant Public Concern Is Subject To The Anti-SLAPP Statute's Verification Requirement statute is to encourage the exercise of free speech and on public issues." Denton v. Browns
The "intent of the [anti-SLAPP]
afford a procedural protection to acts of communication Mill Development Co., 275 Ga. 2 (2002).
It is broadly construed to include speech on political
and policy matters of interest to the community, including, for example, radical changes to the immigration laws and the adequacy of the Mexican consulate's representation its constituents of the interests of
in its advocacy efforts against, and the legal challenges to, those laws.
Adventure Outdoors, 307 Ga. App. at 357-61 (anti-SLAPP verification required for challenge to statements made at a press conference held "to inform and educate the citizens of New York about [gun] litigation, the nature of illegal gun trafficking, and the City's efforts to address the problem."); Raghunathan, see also Hindu Temple and Community Center of the High Desert, Inc. v. (2011) ("[I]t goes without saying of individuals throughout the
311 Ga. App. 109, 114-15,714 (and substantially
that the perceived country constitutes'
an issue of public concern"
for which related commentary is protected by
the anti-SLAPP statute).
That is precisely the nature of the speech exercised by Defendants.
There is no dispute about the content of the broadcast at issue, nor could there be. Nor
could there be any dispute that the public -- which of course includes Defendants'
has a legitimate and compelling interest in the subj ect matters discussed in the broadcast, most notably the failures of the organizations Mexican community immigration laws. that are charged with protecting the interests of the
in Atlanta from effectively doing so in the face of new and aggressive Defendants' broadcast at issue in this case served the public interest by concerns regarding the conduct of the directs, and inviting public
disclosing the existence of widespread (and international) Mexican consulate,
the IME, and the Institute which Plaintiff
discourse and debate regarding same. The broadcast thus falls squarely within the protections of Georgia's anti-SLAPP statute, and was therefore required to be verified. 2. Plaintiff's Failure To Verify The Complaint After Notice Of The Defect Is An Incurable Omission That Requires Dismissal Of The Complaint
There is also no dispute that Plaintiff and her counsel were long ago put on notice that her claim was required to be verified pursuant to O.C.G.A. § 9-11-11.1(b), but to date they have refused to file such a verification. Complaint with prejudice. That omission is incurable, and requires dismissal of the
Hawks, 252 Ga. App. at 516-17; see also Adventure Outdoors, 307
Ga. App. at 360-61 (where "Adventure Outdoors refused to file such a verification ... dismissal was proper. "). B. The Complaint Should Be Dismissed Because, Given The "Forum" And The Context In Which The Challenged Statements Were Made, No Reasonable Listener Would View Defendants' Statements Regarding Plaintiff To Be Assertions Of Objective Fact Even if it were not required to be dismissed for Plaintiff s and her counsel's verify the Complaint under Georgia's anti-SLAPP statute, the Complaint failure to
fails to state an
actionable claim for defamation
(Counts I, II and III) or false light (Count IV) because the
challenged statements are clearly either silly, rhetorical and vituperative comments, or expressly acknowledged conjecture, which no reasonable listener would have taken literally. Moreover,
when the challenged statements are considered in the full context of the forum in which they were made -- a live call-in morning talk radio program -- it is clear that "even the most careless listener [would] perceive the remark[s] as exaggerated or imaginative commentary," not
assertions of fact, and therefore not defamatory as a matter of law. Milkovich, 497 U.S. at 1617. First, obvious jokes and hyperbole are clearly not actionable. See, e.g., Hustler
Magazine v. Falwell, 485 U.S. 46, 50, 53-55 (1987) (parody of Campari ad featuring Reverend Jerry Falwell and suggesting he lost his virginity to his mother in an outhouse obvious parody and protected speech); see also Milkovich, 497 U.S. at 20 (comment that state attorney general investigation of steel company was "the equivalent of Jeffrey Dahmer complaining his victims
got blood on the carpet" clearly not intended literally, and thus protected speech); Horsley, 292 F.3d at 701 (Geraldo Rivera accomplice to murder claim exaggerated, non-literal commentary on live talk-show qualifications and thus protected speech). Here, Defendants' comments that the only
needed for Plaintiff's
job are to "make the bed squeak all day," the ability to
"polish shoes" or just be "hot" (i.e., attractive), are clearly non-literal jokes, even if considered in isolation and outside of the forum and context in which they were made. Viewed in context, as the Court must, it is clear those statements are classic "rhetorical hyperbole" that "cannot Hustler Magazine, 485 U.S.
reasonably be interpreted as stating actual facts about [Plaintiff]." at 50, 53-55.
Second, comments that are expressly disclaimed as speculation and conjecture are not actionable because reasonable listeners could not conclude that such statements arc factual, or anything other than statements of opinion. See, e.g., Collins, 215 Ga. App. at 679 (editorial
opinion that candidate "hoped to fool voters by running for public office under the name John Frank Collins while Joe Frank Harris was governor does not imply an assertion of objective fact that might be proved false; rather, it is merely speculation as to Collins' motive based on his
behavior" and therefore not actionable); see also Bose Corp., 466 U.S. at 512-13 (remarks on a subject that permit multiple interpretations is possible in such circumstances). cannot be defamatory because no showing of falsity comment that Plaintiff, who they believed
to be of Cuban heritage, may have been hired for a position that "should belong to a Mexican either from here or from our own country" was expressly disclaimed as nothing more than
speculation: "Liliana, Liliana, we are saying that it 'might' be some type of sexual favor. It can be said that the reason that woman is holding that position may be due to some type of political favor." (Cmplt. ,-r 13, at p. 17, emphasis added.) The effect of such a disclaimer is clear: the
listener does not even need to guess whether the comments are asserted as fact, because they are expressly told they are not. No reasonable comments expressly acknowledge of prominence listener could conclude otherwise. Moreover, the was hired for her position two of which
that why Plaintiff, a non-Mexican,
in the Mexican community lends itself to multiple interpretations, No reasonable
"could" have to do with favors to the consul general.
listener adopts such
conjectural remarks as assertions of fact; and accordingly they are not actionable defamation. Bose Corp., 466 U.S. at 512-13; see also Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222, 1227
Cir. 1993) ("A statement of fact is not shielded from an action for defamation by being prefaced
arising from "controversial talk-radio show [because] listeners knew that [host] would make provocative and caustic remarks during his broadcast" and therefore would not accept statements that plaintiff was "sick, no good, pot smoking, wife beating skunk" to be assertions ofliteral fact); Behr v, Weber, 172 A,D.2d 441, 443,568 N.Y,S.2d 948 (1991) (dismissing claim arising from statements made on "Donahue" show because the program was "widely known as an unrehearsed and unscripted program which generally focuses upon controversial current topics of public interest and debate"); Hobbs v. Irnus, 266 A.D,2d 36, 698 N.Y.S.2d 25 (1999) (dismissing claim against "shock talk" show host Don Imus because program "hosts had expressed their views over the air in the crude and hyperbolic manner that has, over the years, become their verbal stock in trade," and "[g]ratuitouly tasteless and disparaging as defendants' remarks about plaintiff were, they were nonetheless properly deemed by the court to have been nonfactual, and hence nonactionable, statements of opinion"); Burgoon v, Delahunt, 2000 WL 1780285, *3-4 (Minn. App. 2000) (statement on radio show that plaintiff was "sexual predator" not actionable because "the context of a live radio call-in show ... can protect a statement,
which might otherwise be considered defamatory, as hyperbole if it 'would lead even the most careless listener to perceive the remark as exaggerated or imaginative commentary"') (quoting
Milkovich, 497 U.S, at 16-17).8
For additional examples of such holdings, see, e.g., Carroll v Corcoran, 21 Media L. Rptr. 1479, 1480, 1993 WL 360386, *1 (Mo. Cir. Ct. 1993) (talk show statement that plaintiff was "sleazy whore" and had sex change operation not actionable); Pellegrini v, Ferrer, New York Law Journal, Mar. 23, 1998 at 29, Index No. 18901197(N.Y. Sup. Ct Bronx Co, Mar, 12, 1998 (talk show statement that plaintiff "shot someone in the back" protected opinion because the "forum" in which the statement was made would lead the listener to perceive that [the] statement was one of opinion rather than fact"); McIntosh v Capital Cities/ABC, Inc., New York
CERTIFICATE The undersigned the foregoing MOTION
OF SERVICE copy of
counsel of record c rtifies that a true andcorrect
TO 'STRIKE ANI) TO DISMlS,~ was served upon
counsel of record by U.S. Mail as follows: R. Keegan Federal, Jr. FEDERAL & HASSON LLP Two Ravinia Drive Suite 1776 Atlanta, Georg~.a 3.034· This lih day of March 2012. .
~-=~---------------------Georgia B fir No. 042537
Darrell J. Solomon Georgia Bar No. 305922
.McKENNA LONG & ALDRIDGE LLP
303 Peachtree Street) NE, Suite 53-00 Atlanta; Georgia 30308, Telephone: (404) S27-400n
IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA
DAVIS BROADCASTING OF ATLANTA.) LLC, JORGE LOPEZ a/kla uBL VAMPIRO,'" and ULISES UGALDE a/k/a "BOCHOt
Defendan ts, AFFIDAVIT STATE OF GEORGIA,
CIVLL ACTION FILE NO. llC-08425'-4
OF S. DEREK BAUER
COUNTY OF FULTON.
Personally appeared before the undersigned officer duly authorized by law to administer oaths, S. Derek Bauer who being first duly sworn, deposed and said as follows: 1.
My name is S. Derek Bauer, I am
twenty-one (2 J) years of age
and lam c rnpetent to make and give this. Affidavit, and do
I am counsel for Defendant in theabove-styledaction,
Attached hereto at Tab 1 are correct copies of the home page for the of the Consuldadc General de Mexico en. Atlanta,
Consulate in Atlanta, in native Spanish and Google's English translation. See <http://portal.sre.go b .mx/atlanta/index. php?Itemid: 1>. 4. Attached hereto at Tab 2 is a correct copy of relevant excerpts from
the class action complaint for declaratory and injunctive relief in the matter of
Institute de Mexico of Atlanta, et al. v. Nathan Deal, Governor of the State of Georgia, in his official capacity, et al., U.S. District Court for the Northern
District of Georgia, Civil Action File No.1: ll-CV -1804, which pending matter challenges the constitutionality of Georgia' recently enacted immigration law, known informally as "HB87". 5. Attached hereto at Tab 3 is a correct copy of Plaintiff Gabriela affidavit filed in support of the Instituto de Mexico's
motion for preliminary injunction filed in the matter described in paragraph 4, above. 6. Attached hereto at Tab 4 are correct copies of the July 11, 2011
column entitled "Consulates neglect migrants/Denounce anomalies in Atlanta", authored by political journalist Carlos Ramirez and published in the Mexican newspapers EI Financiero Google's English translation. FURTHER~ AFFIANT SAYETH NOT [Signature on following page] and La Quinta Columna, in native Spanish and
This 12thday of March 2012.
r·lnicio ,II Principal :. Acerca del Consulado '. Prensa )I Visa Department ,. Protecci6n :. Asuntos Jurfdicos • Documentaci6n Consular i.Acerca de Mexico Folletos :. Ligas de Internet
.:~X~!l~ ,._ w,.~
> :'i.Tg'iT-s' :MexicailO
Dire ccion 1700 Chantilly Dr. NE, Atlanta, Ga, 30324 Horarlo de Atenci6n Matriculas y Pasaportes (Solo con Cita): l.un. a vie, de 7:00 a.m, a 12:30 de la tarde Todos los dernas Servicios: Lun. a vie, de 8:00 a.m. a 12:30 de la tarde 5i usted sollclto un Duplicado de Certificado al Distrito Federal en el i 2011 Y su nombre se eneuentra en , la lista publicada aqui, favor de J comunicarse al numero:404-266, 2233 ext. 229. Debido a una Ver mapa
(404) 266-2233 Fax: (404) 266-2302 Correo inform firstname.lastname@example.org Contactenos
, ' : : • ; '
E! Goble rno de iviexico reconoce Ia decision de LIMl Corte de Ape lacione s e stadounlde nsa de suspender de rnansra temporal doe disposlclone s adlclonale s d,~ IE! ley riB 56 de Alabama (dick a qui) MexicD acknowledges the decision temporarily suspend tv/a additional
cornpllcaclon en el envio de las solicitudes es neeesario volver a enviar SUS fotografias, agradecemos su compresi6n, AVISO IMPORTANTE SOBRE
by a United States COUli of Appeals to dispositions of Alabama's 11856La\N (c1jcl~ here)
REGISTRO DE M ENORES (DOBLE NACIONALIDAD)
SII)I Press release # 077 I Mexico
atc nclon sin costo s obre
. bien .
5i usted entreg6 sus documentos ; para asistir a una Jornada 5abatina' ; de Registro de Me nores (Doble Nacionalidad) y no S9 pre sento a .flnallzar el tramite, por favor bus que] : el nombre de su hijo en la Iista i publicada aquiy lIame al !elMono I 404-266·2233 ext. 300 para que i pueda venir a terminar el trarnlte 0 I
1,1 Ley 1-1656 de Alabama, los 7 dle s de la se m a na ,
E1 Gobiemo dB !\;lbdco refre nda su apoyo a la suspension tempera! disposicione s de la ley riB 87 en Georgia (click aqui)
Me:1es '11 de Octubre
de dlve rsas
para que pase a reeoger documentos.
Guia sabre la nueva Ley HB56 tie Alabama: 10 que los mexicanos deben saber
5e amplia plaze el voto 29 de febrer 15 de marzi
de viaje s para el Eslado Arizona, cliek aqui
In reference to the bill 5B1 070 signed In Arizona, click here Informacion de utilidad sobre el virus de la Influenza A(H1 N1)
Lista de usuarios que realizaron el j trarnlte de duplicado de certificado de primaria y/o secunda ria y aun no
Guia sobrs 13 nueva Ley HB87 de Gecrqfa: 10 que los mexicanos deben sahel> (click aquf]
tlana inter ..
l.Desea importar su vehiculo a Mexico y no sabe como hacerlo? Informacion sobre la lrnportacion TEMPORAL de vehlculos a Mexico. Informacion sobre la irnportacion DEFINITIVAde vehiculos a Mexico.
en Atlanta productos a
""iH~'' 'H'Ii'g' '-' II
EI Consulado General de Mexico en Atlanta. 10 invita a participar en la
"Semana de Educaci6n Financiera"
y/o Pasaporte, porque no ! cuenta con el original de su acta de nacimiento y no tiene una identificaci6n oficial con fotografia? , Informacion para tramitardesde los:
del12 al16 de marzo de 2012. de 9:00 a.m. a 12:00 p.m .• en las instalaciones del Consulado. Leer mas
Unidos el envfo de su Acta de Nacim iento.
Mucho se aqradecera su valioso apoyo para locallzar de Personas a:
Informacion para gestionar el envfo de una REPOSICI6N de su Cert~cadodePrimariao Secundaria. Estimado Usuario
, No se realiza nlngun trarnlte de . Matricula y/o Pasaporte a aquellas I personas que no tienen Cita. Usted puede oblener lIamando una Cita
Sr. Roberto Anguiano sus familiares. En caso de tener informacion sobre Sliva 0 a Lopez Luis, originario del Estado de Oaxaca nacido el14 de junio de 1989. comuniquese a los telefonos • (404) 266-2233 n Leer mas Convocatoria a Reconocimiento Steen 2012 • • • IME Miguel
Tutoria I pa r. servicio Din Haga ( Consulte
(Clave Unica de R, Si usted no se ~ trarnite solo se Otra: SRE
al numero gratuito
1-877 -MEXITEL 1-877-639-4835 Horario de atenclon de MEXITEL. De lunes a viernes de 8:00 a.m. a 9:00 p.m. hora de Mexico. En esta linea telefonlca Ie inforrnaran a usted sabre los .. _ requtsltos nocesancs para obtener su Matricula y/o Pasaporte.
IME LAZOS PAiSANO DIRECTO A Mt::
• Convocatoria a candidatures para honrar y difundir la ':"lliosa trayectoria de aquell~s pers;Jnas ,q~e han • logrado resultados concretos para incrementar la calidad, acceso y logro educalivo a nivel baslco de nifias y niiios de familias migrantes mexicanas, sin importar su condici6n econornica 0 situaci6n· rniqratoria,
• Leer mas •
TRAZA TU RUT, TURISMO MIGRACION ADUANAS PRESIDENCIA TRANSPARENC
Sus capias yfotos las puede . obtener dentro del Consulado en el . modulo dellnstituto de Mexico. .
r de formaclon
Par razones de seguridad unlcarnente la persona que va a efectuar el trarnlte podra tener accas o al interior del edificio. - .Agradecemos su cornprenalon.
~ if) ,
... ~.· I I I
• rEncuesta de Opini6n ,£omo se entera de los servicios 0 evReandt,.oos Consulado? del Television Prensa , ,fr'
a mexicanos indigenas que han emigrado a los Estados Unidos • para Seminario-Taller de foimaclon para el proceso de alfabetizaclon a mexicanos : indigenas que han emigrado a los Estados Unidos, dirigido a personas interesadas en realizar una. : tarea solidaria para la alfabetizacion de adultos mayores de quince afios que hablan una lengua ! indigena 0 que cuentan can un dominic inclpiente del idiama espafiol.. 0 Leer mas • Convocatoria "Cesar Chavez" de reconocimiento de liderazgos con los valares mexicoamericana
por parte de la Casa Blanca (english) Convocatoria que emite la Casa Blanca para identificar liderazgos comprometidos Cesar Chavez, para destacar las contribuciones de la comunidad mexicana, : inmigrante en Estados Unidos.
• de e
1 1 Vote aqui !Vlsitas desde
i'-2004 U 766107 Vlsitantes
.. ' ,.. .. ;....
CONACYT Y grupos de cientificos y tecnoloqos mexicanos en el exterior" ; Se encuentra abierta 18 Convocatoria 2012 "Talleres Tematlcos de Vinculacion: "Redes Tarnatlcas de ~ Invesligacion CONACYT y grupos de cientificos y tecnoloqos mexicanos en el exterior", que fue publlcada con la finalidad de fortalecer las capacidades cientificas y tecnoloqicas de Mexico a traves de : la coaperaci6n internacional para el desarrollo. I [J Leer mas
La Orqanlzacion de Aviaci6n Civil Internacional de video "La Aviaci6n: EI Futuro es Tuyo".
de mas de 18 alios el concurso
Dicho certamen pretende otorgar un espacio a la juventud para que, pOI' medio de un videoclip que no los 30 segundos, emita su opinion sobre la aviacion civil internacional, con el fin de promoverel interes en esta area. L1 Leer mas
:. Home :- Home • About the Consulate :. :. :. :. :. Press Department Visa Protection Legal Affairs Consular Documentation
Mexico : Mexico ..........
'. About Mexico :. Pamphlets Internet Links i. Consulates Phones :. Contact
~ .... ~....... .....
Address 1700 Chantilly Dr. NE. Atlanta, Hours
(404) 266-2233 Fax: (404) 266-2302 Mail
Directory and 2309
. MeXI I~Tourism
Registration and Passports (by appointment only): Mon. to Fri. 7:00 am to 12:30 pm All other Services: to Fri. 8:00 am to 12:30 pm If you request a Duplicate Certificate to Mexico City in 2011 and his name is on the list published here, please contact us at: 404·266·2233 ext. 229. Due to a complication in the delivery of applications is necessary to send your photos, we appreciate understanding. your
inform email@example.com Contact Us
The Govarnrne nt of Mexico recognizes the da cision of a U.S. Court of Appeals temporarily suspend tlJ.JO additional provlsions of HS 56! Alabama (click tH~re)
Thursday iv1?1I'Ch 11~~le88 g
Mexico acknowledges the decision by a United Slates Court of Appaals to temporarily suspend two of Alabama's additional H856 Dispositions Law (clicl( hers]
Tbursday lvli:1rcil Btl')! PreSS Rete ass
IMPORTANT NOTE ABOUT REGISTRATION UNDER
# 077 I t'iltxico City
If you submitted attend
(DUAL NATIONALITY) your documents DayChild
Helpline fr~c on Law Alabarn a H85uJ 2-1 hours. 7 days a week ,
Sabatina (Dual Nationality) and did f not appear at the end of the processed, please check your I
The Government of Mexico reiterates its support for the temporary suspension certain prcvlslcns of HB 87 in Georgla (ctick here)
child's name on the list published : · here and call 404·266·2233 ext. 300 I so you can come to end the process or to come pick up your documents.
i 1 October
I Press RclcilEe
f# 369111J~exlco City
Regislratic extended 10 It February 29 on Marcl
· iTravel I
Alert for the Stale click here
In refe re nce to the 1070 bill signed in Arizona, click here Useful information about the virus Influenza A (H1 N1) who performed the
on the new Law Alabama H8!56: Si$temlde .
what lVJexic8ns should know (click here)
List of users
• processing of duplicate certificate ; .of primary 1secondary and you have , . I : not a Iready receive d. ; Do you want to import your vehicle to Mexico and do not know how? portal.sre.gob.mxlatiantal I •
Guidance on H887 Georgia's new Ia'\N: what Mexicans should know (click here)
Information importation Information on the temporary into Mexico. FINAL imports,
of vehicles on vehicle to Mexico.
in Atlanta are interes products to Me: Clic
The Consulate General of Mexico in Atlanta, invites you to partlclpate in the
Having trouble getting your registration and lor passport, because you do not have your original certificate of birth and has no photo 10? Information processing from the United States sending your birth certificate.
"Financial Education Week"
from 12 to 16 March 2012, from 9:00 am to 12:00 pm, at the Consulate. Read more I•
Information to manage sending a • RESET of your Certificate of Primary or Secondary. Dear User not perform processing of Registration Passport any and lor
Location your help to locate:
: Much appreciate
Iregistration !copies and
for those who have no You can get a toll-free s Quote 1-877 -MEXITEL 1-877 ·639· 4835 Hours of MEXITEL. Monday • I Friday 8:00 am to 9:00 pm Mexico ; time. In this hotline will inform you L about the requirements to get your
to Maxi Clic Viewandl
and 1 or passport. Your photos can be' obtained : within the Consulate in module Institute of Mexico. For security reasons only the person who will make the process may access within the building. We appreciate , your understanding,
I , • II you have information , Mr, Roberto Anguiano their families, on his whereabouts Luis Miguel Lopez, from the Silva or State of Oaxaca born on June 14,1989, please contact phone (404) 266-2233 EXT.235. DRead
If you have no procedure is c
Other more • • SRE EMI EMI LINKS PAiSANO
2012 Call for Recognition
: Call for nominations to honor and spread Ihe valuable improve quality, access and educational aitainment ; families, regardless ofeconornic status or immigration
'Opinion Survey 'As he learns the services and / or ,av . nts of the Consulate? e Call issued highlightthe
lile of those who have achieved concrete results to. at a basic level of children of Mexican migrant status. • L1 Read more
DIRECT TO ME: TRACE YOUR F TOURISM MIGRATION
to indigenous Mexicans who have emigrated to the United States Call for Seminar Training Workshop for the process olliteracyindigenous Mexicans who have ernlqrated" to tile United States, aimed at people interested in dOing a job caring for adult literacy over age fifteen who speak an indigenous language orwho have emerging domain of Spanish ... Read moore • • Call "Cesar Chavez" recognition of leadership by the White House (eng/ish) by the White House to identify leadership committed to the values of Cesar Chavez, contributions of the Mexican community, Mexican American and immigrant in America, o Read more Thematic Workshops" CONACYT Research Thematic Networks and
to • • CHAIR TRANSPARENC
Radio ~:ess Internet Consulate Vote here since Visitors Results November
of scientists and technologists Mexicans abroad" Thematic Workshops" CONACYT Research Thematic Networks and groups of scientists and technologists Mexicans abroad," which was published with the aim of I strengthening scientific and technological capabilities in Mexico through cooperation intemational ,. development. [1 Read more
it is open the Call 2012 "Linking
The International Future Is Yours",
contest "Aviation: The
youth over 18 years video
This event aims to provide a space for youth, tllrough a video clip not to exceed opinion on international civil aviation, to promote interest in this area,
Tile MinistryofForeign and the National Council
Affair's thr'ough the Institute of Mexlcans Abroad for Culture and the Arts ,call for participation in the
910 EMI OF INFORMATION DAY: CULTURAL PROMOTERS
Consulate General of Mexico in Atlanta to be held in Mexico Cityfrom 14 to 17 March 2012. Read more Call 2012 MexGames The Institute for Mexicans Abroad (IME) and the National Commission of Physical Culture and Sports (CONADE) with the support of Mexico's consular network in the U.S. and Canada, will conduct the sports event called MexGames in Los Angeles, California, from March to April this year 80f. (10-Feb-12) DRead more
f\EGrSTR~TE plIfO YO,UI 'd.~ •• 1•• 1",./., e piUG Jefe tk' Gobinerno to ;U112
Collaboration with Emory University Staff of the Department of Community At'fairs Consular Representation is met with students from the Health Organization for Latin America (for its acronym in English, HOLA) of Emory Universitywith the aim of strengthening partnerships with the latter. (06-February-12) n Read more
in the International
On February 6, 2012, staff olthe Department 01 Community Affairs of the Consulate participated in International Day organized by Burrus Elementary in the city of Marietta, Georgia. (06-February-12) 0 Read more
Visit the Gwinnett County Jail On February 1,2012, departm ent staff visited the prison consular protection of Gwinnett County, Georgia (06-February-12) more DRead
Visit to the State Prison "Coffee" in the City of Nicholls, Georgia On January 26, 2012, department staff visited the nationals protection held in state prison "Coffee" located in the CityofNicholls, Georgia ..' (30-Jan-12) 0 Read more
The Consulate General of Mexico participates in Meeting Regional Migrant Education Program On January 27, 2012, staff from the Department of Community Affairs olthe Consulate participated in the regional meeting of the Parent Council for Migrant Education Program of the Georgia Department of Education. (30-Jan·12) 0 Read more
Call for Indigenous Arts Biennial of Contemporary
In order to recognize, promote and disseminate contemporary arts of indigenous peoples in the Americas, through his creations, and intrinsic fonms '" (30-Jan-12) 0 Read more
Relevant News Archive
Upload portal.sre.gob.mx/atlanta/ 3/4
Cbn5ulale General,of Mexico in Atlanta
The data provtdsd In this way are not binding and are for reference purposes, so the F,oreign ~ecretary ASSUMES NO RESPONSIBIliTY for the fnformatlon contained herein. Sin£e tHe service requirements can change fre~ue'htly, users are advised to personally contact the Embass'ya nd lor respective Consulate ensure that this infq.rma'tlor:'l Is accurate before making,any transaction, SRE-- I'HIl1stf,y of Foreign AffaIrs, Ave Juarez ~ 20, Col. C~'--II:-lro-,-G:Ci'c,-=0':'"QO:::-l:-0"',-:,e:-u-"-U'--htf:-1l-10-C-. =Tc"CI': -=3-=6~e(, ttl sHio'\W,'II$r
• '. I,
~ljj\ 0 2 211i1
IN THE UNITED STATES DISTRICT COURT J()~~~ES J~. H~~~L~RK FOR THE NORTHERN DISTRICT OF GEORGIA I --p ty illk ATLANTA DIVISION _ Georgia Latino Alliance for Human Rights; Service Employees International Union; Southern Regional Joint Board of Workers' United; DREAM Activist.org; Task Force for the Homeless; Asian American Legal Advocacy Center; Altema; Coalition of Latino Leaders; Instituto de Mexico, Inc. of Atlanta; Coalition for the People's Agenda; Paul Bridges; Benjamin Speight; Everitt Howe; Paull. Edwards; Sharon Gruner; Jane Doe # 1; Jaypaul Singh; Ernesto Pifion; John Doe # 1; John Doe #2; and Jane Doe #2, Civil Action File No. Plaintiffs,
, ~ 11 ~ CV
Nathan Deal, Governor of the State of Georgia, in his official capacity; Samuel S. Olens, Attorney General of the State of Georgia, in his official capacity; Clyde L. Reese, III, Commissioner of the Department of Human Services of the State of Georgia, in his official capacity; Mike Beatty, Commissioner of the Department of Community Affairs of the State of Georgia, in his official capacity; and Falecia Stewart, Executive Director of the Housing Authority of Fulton County Georgia, in her official capacity, Defendants. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
This action challenges Georgia's comprehensive immigration law, House
Bill 87 ("HB 87," attached as Exhibit A). In HB 87, Georgia creates a punitive and comprehensive immigration system that, among other things: (1) authorizes state and local law enforcement officers to investigate the immigration status of individuals who do not carry one
a lim ited set of documents prescri bed by the
state, and to arrest individuals on suspicion that they have violated federal civil immigration laws (Section 8); (2) creates new criminal immigration laws specific to and wholly administered by the State of Georgia (Section 7); (3) denies public benefits to anyone unable to provide one of several enumerated documents that Georgia deems sufficient proof of identity (hereinafter "qualifying identity documents") (Section 17); and (4) outlaws the use of consular identification cards, which several foreign governments issue to their citizens, for any official purpose (Section 19). 2. Governor Nathan Deal signed HB 87 on May 13,2011. The law is
sched.uled to take effect on July 1, 2011, excepting the benefits provision (Section 17) and the ban on consular identification cards (Section 19(c)), which are scheduled to take effect on January 1,2012.
If allowed to take effect, I-IB 87 will significantly harm Georgians, and
particularly Georgians of color, for at least three reasons: 4. First, as confirmed by law enforcement officials in Georgia and countless U.S. citizens and
elsewhere, HE 87 will subject Georgians-including
non-citizens who have permission from the federal government to remain in the United States-to unlawful interrogations, searches, seizures, and arrests and will
result in widespread racial profiling. All Georgians, and particularly those of color, will be compelled to carry additional paperwork prescribed by the State of Georgia at all times. This is because HE 87 makes individuals who do not carry the prescribed documentation subject to lengthy investigations into immigration status that last over 80 minutes on average under the best case scenario. This documentation requirement amounts to a state alien registration scheme incorporated into Georgia criminal procedure. 5. Second, HE 87 will cause countless Georgians-including U.S. citizens be
and non-citizens with federal permission to remain in the United States-to
erroneously deprived of the public benefits that they need and are lawfu1iy entitled to receive. These deprivations will force individuals and families, including those with young children, to be without food and shelter, simply due to an inability to produce a qualifying identity document.
Third, HB 87 will thwart the ability of potentially hundreds of thousands as gaining admission to prohibiting the use of
of Georgians to conduct basic daily tasks with ease-such a state building or enrolling a child in public school-by
their consular-issued identification for any "official purpose." 7. HE 87 constitutes a sweeping and comprehensive state scheme regulating
immigration and the conditions under which immigrants can reside in Georgia. The state system includes provisions: creating new state documentation requirements that transform ordinary police encounters into immigration status investigations; inventing new state immigration crimes; restricting the ability of U.S. citizens and lawful immigrants to obtain benefits that they are entitled to under federal law; invalidating documentation that foreign governments offer to their own citizens; and addressing many other issues relating to non-citizens' presence and activities in Georgia, including the transportation of suspected unauthorized immigrants by law enforcement officials, the availability of bail to non-citizens in criminal proceedings, and the creation of a new public body to oversee and enforce several ofHB 87's provisions. 8. The State of Georgia's intent to displace federal immigration authority is
apparent not only from the scope and design ofHB 87's immigration regulations,
but also from the express statements of the members of the Georgia General Assembly who drafted and supported the law. 9. HB 87 interferes with the core federal interests of setting a uniform
national immigration scheme and speaking for the entire nation in conducting foreign relations with other nations. The President of the United States directly invoked these federal interests in condemning HB 87 on April 26, 2011: "It is a mistake for states to try to do this piecemeal. We can't have 50 different immigration laws around the country. Arizona tried this and a federal court already struck them down." See Matthew Bigg, "Obama criticizes new Georgia immigration law," REUTERS, pr. 26, 2011. A 10. HE 87 is unconstitutional in myriad ways. It violates the Supremacy
Clause and core civil rights and liberties secured by the U.S. Constitutionincluding the Fourth Amendment's right to freedom from unreasonable searches and seizures, the Right to Travel, and the Fourteenth Amendment's guarantees to equal protection and due process under the law. It also violates separation-ofpowers safeguards in the Georgia Constitution. 11. The Plaintiffs in this action will suffer serious and irreparable violations
of their constitutional rights and civil liberties if HB 87 is allowed to take effect. The individually named Plaintiffs bring this action on behalf of themselves and a
class of all others similarly situated to obtain preliminary relief and a declaration that HB 87 is unconstitutional.
JURISDICTION AND VENUE
12. This Court has subject matter jurisdiction under 28 U.S.c. §§ 1331 and which are brought both
1343 over Plaintiffs'
claims under the U.S. Constitution,
directly and under 42 U.S.C. §§ 1981 and 1983. 13. This Court has subject matter jurisdiction over this action pursuant to 28 and laws of
U.S.C. § 1331 because this action arises under the U.S. Constitution the United States, and pursuant to 28 U.S.c. redress the deprivation,
§ 1343 because this action seeks to
under color of state law, of Plaintiffs , civil rights and to
secure equitable or other relief for the violation of those rights. 14. This Court has supplemental jurisdiction over Plaintiffs' state law claim
pursuant to 28 U.S.c.
§ 1367 because it is so related to the federal claims that it
under Article III of the U.S.
forms part of the same case or controversy Constitution. 15. This Court has jurisdiction
to grant declaratory relief pursuant to 28 Rule 57. Defendants
U.S.C. §§ 2201 and 2202, and Federal Rule of Civil Procedure 16.
Venue is proper in this District under 28 U.S.C. § 1391(b).
are sued in their official capacity and their residences
are all located within this
District and this Division. All of the events giving rise to this Complaint occurred within this District. PARTIES Organizational Plaintiffs 17. Plaintiff Georgia Latino Alliance for Human Rights ("GLAHR") is a
statewide, grassroots membership organization founded in 1999 that emphasizes community outreach to immigrant communities in Georgia in order to ease their transition into a new culture. One key way that GLAHR achieves its goal of easing transition into a new culture is by educating the community about city ordinances of which they would otherwise be unaware. Other GLAHR functions include: providing leadership training, conducting community organizing for immigrants' rights, holding community forums on a range of issues, and hosting monthly meetings on issues facing the Georgia immigrant community. If implemented, HB 87 would harm GLAHR by causing the organization to divert significant resources away from activities central to its mission. For example, if HB 87 takes effect, GLAHR will no longer be able to conduct education around local ordinances, and instead will have to focus all of its educational efforts on determining the effects of HB 87 and educating its members about it.
Since HB 87 passed, GLAHR has experienced a steep drop in attendance
at its events and meetings, by both its members and other interested community participants. Members have reported that they are too afraid to attend these events because they believe that they will be targeted by the police based on their ethnic appearance. 19. GLAHR's ability to pursue its mission is directly threatened by
implementation ofHB 87. To carry out its mission, GLAHR provides transportation for its members to activities and forums related to the organization's activities and goals. GLAHR provides this transportation for all of its members, some of whom are undocumented. GLAHR will need to continue to provide
transportation for its members if HE 87 takes effect and, therefore, would be subject to criminal liability under the law. In addition, to advance its mission, GLAHR often assists individual immigrants to remain in the state by advocating on their behalf with detention centers or by helping them find attorneys. These vital organizational activities would also expose GLAHR to criminal liability ifHB 87 is implemented. Finally, GLAHR's members have already been subject to increased stops and interrogation by police since HB 87 passed based on their Latino appearance andlor English language ability. Because many ofGLAHR's members lack the identity documents prescribed by HE 87, they will be harmed if
HB 87 takes effect by being subjected to increased police scrutiny, interrogation, and detention. 20. PtaintiffService Employees International Union ("SEIU") is one of the
largest labor organizations in the world, representing 2.2 million men and women who work primarily in the public sector and in the janitorial, health services, longterm care, and security industries. Many of SEIU's members are recent
immigrants to the United States and many of its members come from racial minority groups. SEIU has long called for and worked toward comprehensive reform of U.S. immigration laws. Another priority for SElU is fighting discrimination against minorities, women, and other groups in the workplace and society in general. In Georgia, SEIU has a local affiliate, the Southern Regional Joint Board of Workers' United. This affiliate represents about 4,000 employees, of whom approximately 60 percent are members. These employees work in 28 different work sites across the state with about 75 percent residing in the Atlanta metropolitan area. Between 15 and 20 percent of the employees the Joint Board represents are Latino and the majority ofthe remainder are other racial minorities. In Georgia, SEIU works in partnership with the Southern Regional Joint Board and other groups to combat discrimination and mobilize for immigration reform at the national level.
The implementation ofHB 87 will have a severe impact on SEIU's
organizational mission. Some of SEIU's Latino members or their families have already been subjected to stops by local law enforcement where they have been asked to produce proof of immigration status. SEIU will be harmed if HB 87 is implemented because its minority members will be even more likely to be stopped, detained, arrested, and questioned by state and local police. This will cause hardship for members of SEIU. In addition, SEIU will be harmed ifHB 87 is implemented because its members and potential members, regardless of nationality and immigration status, will refrain from exercising their rights to attend rallies, demonstrations, and union meetings or to engage in leafleting or other traditional labor activities because of the possibility of being stopped by police under HE 87. This will significantly affect the ability of SElU to protect its existing members. In addition, the Latino community is one of the fastest growing in the states and is heavily represented in the industries in which Workers' United is concentratedmanufacturing, industrial laundries, and distribution. Finally, HB 87 has created a fear of government officials and has already led to reluctance on the part of members of this community to join the union and to take the perceived risk of supporting new organizing in unorganized workplaces, where the National Labor Relations Board is often involved. SEIU joins this lawsuit to preserve its ability to
organize new members and to protect the rights and interests of its members and prospective members. 22. Plaintiff Southern Regional Joint Board of Workers' United ("Joint The Joint Board
Board") is a labor union and an affiliate ofPlaintiffSEIU.
represents approximately 4,000 workers in Georgia. Over 15 percent of the Joint Board's Georgia membership is Latino. The primary mission of the Joint Board is to organize, represent, and empower employees in Georgia. In addition, the Joint Board works in partnership with SEIU and other groups to combat discrimination and mobilize for immigration reform at the national level. 23. The Joint Board will be harmed by HB 87 because its minority members,
including U.S. citizens and lawful immigrants, are likely to be unlawfully stopped, detained, arrested, and questioned by state and local police after HB 87 goes into effect. This will cause hardship for members of the Joint Board. In addition, the Joint Board will be harmed ifHB 87 is implemented because its members and potential members will refrain from exercising their rights to attend rallies, demonstrations, and union meetings or to engage in leafleting or other traditional labor activities because of the possibility of being stopped by police under lIB 87. 24. Members have already told the Joint Board that they have faced
additional police scrutiny and questioning since HB 87 was passed. They believe
this additional police scrutiny was based solely on their ethnic appearance and/or English speaking ability. This discriminatory treatment by law enforcement will significantly impede the ability of the Joint Board to protect its current members and to organize new members. Some members of the Joint Board lack the identity documents required by HB 87 or do not regularly carry these documents with them when traveling through the state, and are therefore at risk of lengthy detention and investigation under the new law. 25. The Joint Board will also be harmed ifHB 87 is implemented because
employers in the state will refrain from hiring members and potential members of the Joint Board that they believe look or sound "foreign" out of a fear that they will be subject to increased liability under HB 87. This will have a serious impact on the ability of the Joint Board to recruit new members. The Joint Board will also be harmed ifHB 87 takes effect because of the provision criminalizing the transporting of undocumented immigrants. This provision will have a chilling effect on the Joint Board's efforts to give rides to people attending union meetings and other events. The Joint Board will have a more difficult time organizing transportation to these key union activities because people will be afraid to associate with someone whose racial/ethnic appearance might result in getting the driver stopped for a minor traffic offense leading to further police scrutiny and
possible criminal prosecution under the law. In addition, ifHB 87 is implemented, the Joint Board will need to spend significant new time educating members and potential members about the law. This will divert the Joint Board's resources from other core organizational priorities. The Joint Board joins this lawsuit to preserve its ability to organize new members and to protect the rights and interests of its members and prospective members. 26. Plaintiff DREAM Activist.org (DREAM) is a multicultural, migrant-
youth-led movement to pass the DREAM Act, also known as the Development, Relief, and Education for Alien Minors Act. The DREAM Act is a bipartisan bill that seeks to address the situation faced by many young students who were brought to the United States as young infants. Under the most recent version of the DREAM Act, students with good moral character who carne to the United States at age 15 or younger at least five years before the date of the legislation's enactment would qualify for "conditional permanent resident status" upon acceptance to college, graduation from a U.S. high school, or being awarded a OED in the United States or have served in the armed forces. DREAM is a national membership based organization with DREAM Act student members all over the country, including Georgia. DREAM provides campaign support to DREAM Act students facing removal from the United States in Georgia and all across the country.
IfHB 87 takes effect, DREAM members are at risk of being subject to
prolonged immigration status checks even if they are authorized by the federal government to remain in the United States. DREAM has members, including Georgia members, who have been granted deferred action by federal immigration authorities. Deferred action is a discretionary decision not to arrest or deport a person for immigration purposes. Deferred action is often granted for one year time periods, but can be renewed. However, the temporary and indefinite nature of deferred action means that a DREAM Act student granted deferred action would not be automatically eligible to obtain identity documents in Georgia, and such students often spend months out of each year with no identification while they wait for new documentation to prove that the federal government has extended their deferred action grant. Under HB 87, these students are likely to be caught up in prolonged immigration status checks although they are authorized to remain in the United States. DREAM members, including Georgia DREAM members, may also benefit from a private immigration bill introduced by a local Senator or House of Representative preventing their removal from the United States. Upon introduction of a private bill, a DREAM Act student's removal is delayed at least until the end of the congressional session. A DREAM Act student with a private bill introduced may not have proof that the bill was introduced or an ofticer may be
confused as to whether a DREAM Act student with a private bill can remain in the United States. Under HB 87, Georgia DREAM Act students with a private bill introduced but not passed in either the House or Senate may be targeted and arrested under the law. 28. IfHB 87 takes effect, DREAM will be harmed in other ways, as well.
DREAM harbors undocumented students in houses within the State of Georgia and provides transportation to undocumented students with and without deferred action grants. DREAM will continue to do so even ifHB 87 takes effect. DREAM also has planned and will continue to plan conferences and training sessions in Georgia that bring together undocumented students nationwide. Under HB 87, these actions could be considered assisting, transporting, and harboring undocumented students in Georgia which would expose DREAM members to criminal liability. 29. Plaintiff Task Force for the Homeless (TFH) has served the needs of
homeless men, women, and children in the Atlanta area for thirty years. Today, TFH is a non-profit organization that offers a homeless shelter that provides evening meals, a recovery program, a Resident Volunteer Program, a Transitional Housing Program, an emergency assistance hotline, support services, a day service center, permanent housing placement assistance, employment placement and assistance, computer classes, an art studio and gallery, a bike shop, a roof garden,
and occasional transportation for residents. TFH serves more than 500 people a day-men, women, and children, including undocumented immigrants-in its
shelter, resident volunteer programs, and transitional housing programs. TFH provides its services to all, without regard to their immigration status. 30. Since HB 87 has been enacted, TFH has diverted resources from other
organizational priorities to educate its volunteers and residents about the law. Volunteers and residents alike are fearful that HB 87 will have a serious impact on people of color statewide. IfHB 87 takes effect, TFH will have to divert additional resources from priority areas to provide education about the law. 31. If HB 87 takes effect, TFH will be harmed in several ways. First, TFH
will be exposed to criminal liability for continuing to conduct emergency shelter and services core to its mission without regard to the immigration status of those it serves. Second, TFH has assisted victims of racial profiling with filing complaints in the past. If HB 87 takes effect, it will be more difficult for TFH to help the increased number of victims of racial profiling. In addition, TFH volunteers and residents-nearly all of whom are homeless-seldom carry the identity documents
prescribed by HB 87. IfHB 87 takes effect, these members would be unable to establish their identity to the satisfaction of local law enforcement and would face additional police scrutiny and detention while officers attempt to verify their
TFH provides transportation
to its residents
without checking their immigration
status; HB 87 will make any
future service of that kind risky. 32. TFH also encourages its residents to apply for food stamps and public Currently, this process does not
housing assistance to which they are entitled. consume significant
TFH staff time. But because many TFH residents lack the and in some cases lack any ID, the
most common forms of identity documents, new HB 87 requirement identity documents
that applicants for public benefits present qualifying
will cause many TFH residents and clients who are otherwise Food stamps are essential for many TFH and providing
eligible for food stamps to be denied.
residents, and TFH will have to prioritize creating instructions assistance assistance. residents'
for those who are turned away, including providing more direct food This diversion of resources will be a major impediment to TFH
access to essential services, and to TFH's work in other areas. TFH also in public housing or to assist them in obtaining Section 8 Given that HB 87 creates the same identification
tries to place individuals
housing vouchers when possible. restrictions
for public housing as for food stamps, TFH will be overburdened for help with overcoming
requests from residents document requirements,
problems caused by these new process of obtaining
including the time-consuming
Because fewer ofTFH's
residents will have access
to food stamps and public housing assistance they will, by necessity, require additional food and housing assistance directly from TFH_ They will remain homeless for longer and longer periods oftime. 33. Plaintiff Asian American Legal Advocacy Center is the first not-forPacific Islanders, and Asian-ethnic mission is to protect and
profit law center focused on Asian Americans, refugees in Georgia and the Southeast.
promote the civil, social, and economic rights of Asian Americans through public policy, legal education, AALAC's programs community organizing and leadership development.
youth and juvenile justice, language and civic participation, and
access, economic development, small business issues.
AALAC reaches approximately forums and multilingual
3,000 people on an annual educational materials. Since the resources to It
basis through its community provides bilingual materials passage ofHB
in Chinese, Korean and Vietnamese.
87, AALAC has exhausted staff and organizational communities,
respond to the law's impact the Asian American communities, and small businesses.
For example, along with its community provided by Korean American to vote no to HB 87. HB 87
partners, AALAC helped to gather 4,000 signatures residents of Gwinnett County urging key legislatures
has already and will continue to impact AALAC's ability to satisfy its mission because members of its community are looking to AALAC for guidance on the impact of the law on their day-to-day lives. 34. Plaintiff Alterna is a faith-based, non-profit organization that was
founded in 2006 and provides a variety ofsocial services, primarily to the Latino immigrant community in LaGrange, Georgia. Alterna is guided by the biblical teaching to love our neighbors and care for the marginal and vulnerable among us and it focuses on providing accompaniment, advocacy, and hospitality to and on behalf ofthose in need. Altema's services include: providing crisis intervention case management for families and individuals experiencing legal, medical, employment, or family-related crises; accompanying clients to medica], government, or school appointments; accompanying clients to appointments to apply for public benefits such as food stamps, income verification and Medicaid; sponsoring English-language classes; delivering community education on a range of issues; maintaining a housing facility near the immigration detention center in Lumpkin, Georgia for family and friends visiting detainees; providing transitional housing for families and individuals experiencing crises; advocating on immigration issues including detention conditions for immigrant detainees; and hosting educational trips to Guatemala with a focus on social justice. Alterna has
three staff members and several volunteers. Alterna does not check the immigration status of its clients, but is aware that many of its clients and their family members are undocumented immigrants. 35. If HB 87 takes effect, Altema will be harmed in several ways. First,
Altema wi II be exposed to criminal liability for continuing to conduct services core to its mission--including transporting clients to various appointments and running
its housing facility near the Lumpkin detention center and its transitional housing facility. Alterna is aware that many of the clients it transports to critical appointments or allows to use its housing facilities are undocumented. Second, Altema has already experienced a significant drop in attendance at events as well as a decrease in clients since HB 87 passed. Indeed, Altema has already been forced to cancel some of its English-language classes. This decrease in attendance and demand for services is directly attributable to fear resulting from the new law; many immigrants are too afraid to drive to any events out offear of being stopped by law enforcement. IfHB 87 takes effect, Altema will suffer an even steeper decline in attendance and demand for services. Third, Alterna has had to alter its programming since HB 87 passed. Clients are showing up for events or services with questions about their rights under the new law and Altema has had to divert
resources to answer these questions, which detracts from the ability to provide services more central to Alterna's mission such as English-language instruction. 36. Plaintiff Coalition of Latino Leaders ("CLILA") is a not-for-profit,
volunteer-based membership organization in Dalton, Georgia that was founded in 2006. CLlLA's mission is to develop competent, caring Latino grassroots leadership with the skills necessary to address the critical issues facing the Northwest Georgia Latino community. CLILA has approximately 1'50members and about 1,000 participants in various CLILA events throughout the year. CLILA provides the following services: advocacy and community organizing for immigrants' rights; citizenship classes; English-language classes; Homework Club for children whose parents do not speak English; computer classes; and assistance in completing applications for legal residency and naturalization. CLlLA also hosts community meetings on issues affecting the Latino community, provides educational information on various topics, and works on voter registration and education for the Latino community. In addition, CLILA identifies children, and sometimes parents, who are eligible for food stamps and instructs families on how to apply for these benefits. CLILA provides programs and services for the communiry living primarily in Whitfield and Murray counties. Irs members are Latino immigrants, mainly from low-income families. CLILA accepts all
members without regard to their immigration status, but is aware that approximately 60 percent of its members are undocumented immigrants. 37. CLILA has already been harmed by the passage ofHB 87-most notably
due to a drop in attendance for its programs based on members' fears that their association with CLILA will cause them to be identified as undocumented immigrants by law enforcement. In addition, CLILA's resources, both in terms of funding and staff and volunteer time, have been diverted from organizational priority projects due to the passage ofHB 87. For example, the number of calls CLILA receives daily has increased by 400 percent since HB 87 was passed. The vast majority of these calls are from community members who have questions about the new law and how it will affect them. CLILA has been forced to put on hold its citizenship classes in order to respond to this increase in calls and to answer questions about HB 87. Finally, if implemented, CLILA will face criminal liability under HB 87 because it regularly provides transportation for its members-some of whom are undocumented-to attend events such as citizenship
classes or rallies across the state. 38. Plaintiff Instituto de Mexico, Inc. of Atlanta ("Instituto") is a non-profit
organization registered in the state of Georgia and based in Atlanta. The Institute is dedicated to fostering the development of the Mexican community in Atlanta
and to promoting
the history and culture of Mexico in the United States. The and to
Instituto was founded in 2002 and its mission is to promote understanding
share Mexican customs and traditions with residents of Atlanta and surrounding areas. The Instituto places a special focus on educating youth with Mexican Another central goal of the Instituto is to of the cultural commonalities To fulfill its mission the
ancestry about their heritage and culture.
cultivate friendship ties and a mutual understanding between the United States of America and Mexico. Instituto organizes
cultural programs, which are open to all Atlanta-region status, nationality, or citizenship. The
residents without regard to immigration
Instituto regularly holds large cultural events for the Atlanta community that range from celebrations for Mexico's Independence Day and the Day of the Dead: a and several educational
variety of concerts; conferences; and sports events.
health fairs; expositions;
These events draw attendees from across Atlanta and the rest of Although the Instituto's U.S. citizens
the state and regularly include thousands of participants.
events are open to all, the majority of attendees are Latino--incIuding and others in lawful immigration 39. If HB 87 is implemented, status.
the Instituto will be harmed because attendance and this will undermine the lnstitutos ability to and
at its events will drop drastically
achieve its central purpose as an organization-to
educate the public about Mexican cultural heritage. Already, since HB 87 passed people have expressed fear of attending Instituto events. Individuals who regularly attend Instituto events have expressed that they are afraid to attend these events out of fear that they will be targeted by local police and will be subject to immigration status inquiries if they attend large group events with primarily Latino attendees. The passage of HB 87 has created an intense climate of fear for Latinos in Georgia and individuals of Latino descent are afraid that any contact with law enforcement could result in extended interrogation, detention, and arrest regardless of their lawful immigration status. 40. Plaintiff Georgia Coalition for the Peoples' Agenda ("CPA") is a
Georgia-based coalition of approximately 1000 individual and 50 organizational members representing a diverse spectrum of issues, interests, and constituencies, ranging from civil and human rights and women's and young people's rights to labor relations and environmental justice. CPA defines its mission as improving the quality of governance in Georgia, creating a more informed and active electorate, and having responsive and accountable elected officials. CPA tries to educate the public and encourage their participation through voter registration drives, town hall meetings and other events that provide information and a forum to voice community concerns on issues spanning health care, education, labor
relations, the juvenile justice system, monitoring elected officials, and environmental justice, to name a few. 41. HB 87 will negatively impact CPA's members and organizational
activities in several ways. Some CPA members, including U.S. citizens and individuals who have lawful immigration status, will be unable to provide the required documents for police inspection and will be at risk of being subject to lengthy detentions and investigations. For example, many elderly individuals do not have a Georgia driver's license or other document deemed acceptable under HB 87. For many families represented by CPA who already struggle to pay their bills and make ends meet, the costs of obtaining these documents will be a great and undue economic burden as well. In addition, CPA has already received many reports of racial profiling by the local police targeting individuals of color, for example, in a phenomenon known as "driving while black," whereby AfricanAmerican drivers who are seen driving more expensive cars are routinely stopped by the police for interrogation even when they have not violated any traffic laws. CPA is very concerned that HB 87 will increase and aggravate these incidents of racial profil ing and harassment. 42. CPA also foresees a decrease in participation in its events and programs,
such as town hall meetings, because of people's fear of immigration status
DECLARATION OF GABRIELA GONZALEZ-LAMBERSON
1, Gabriela Gonzalez-Lamberson, hereby declare: 1. I make this declaration based on my own personal knowledge and, if called to testify, could and would do so competently as follows. 2. I am the Executive Director of the Instituto de Mexico, Inc. of Atlanta ("Instituto "). 3. Instituto is a non-profit organization registered in the state of Georgia and based in Atlanta. 4. Instituto is dedicated to fostering the development of the Mexican community in Atlanta the history and culture of Mexico in the United States. We place a special focus on educating Georgia youth with Mexican ancestry about their heritage and culture. 5. Instituto was founded in 2002, and its mission is to promote understanding and to share Mexican customs and traditions with residents of Atlanta and surrounding areas. We also work to cultivate friendship ties and mutual understanding of the cultural commonalities between the United States and Mexico.
6. To fulfill its mission, Instituto organizes cultural programs, which are open to all Atlanta-region residents without regard to immigration status, nationality, or citizenship. 7. These events draw attendees from across Atlanta and the rest of the state and regularly include thousands of participants. 8. Although Instituto's events are open to all, the majority of attendees are Latino, including U.S. citizens and others in lawful immigration status. 9. IfHB 87 is implemented, Instituto will be harmed because attendance at its events will drop drastically, and this will undermine the Instituto' s ability to achieve its central purpose as an organization-to promote understanding
and educate the public about Mexican cultural heritage. 10.1 have direct knowledge that already, since HB 87 passed, people have expressed fear of attending Instituto events. Individuals who regularly attend Instituto events have expressed that they are afraid to attend these events out of fear that they will be targeted by local police and will be subject to immigration status inquiries if they attend large group events with primarily Latino attendees. 11.The passage of HB 87 has created an intense climate of fear for Latinos in Georgia, and individuals of Latino descent are afraid that any contact with
Jaw enforcement could result in extended interrogation, detentien.and arrest
regardless of their immigration status. I declare under penalty of perjury under the laws ofthe United States of America
that the foregoing is true and correct,
Executed this 7th day of June, 2011 in Atlanta, Georgia
17 de Febrero - 2012 - Puobla,
La Quinta Columna
Indicador Politico Carlos Ramirez
l.unes 11 de Julio de 2011
+ Consulados descuidan migrantes + Denuncian anomalias en Atlanta
Tiempos de Nig Arturo Rueda Vote retrospectixo decldlr a los senad Indicador Politlt Carlos Ramirez
IFE: papa reganon autoritario
i Mexico denuncia que muchos de los mexicanos condenados a muerte en los Estados Unidos no tuvieron a tiempo la asesoria consular para defender sus derechos, ocurre que algunos consulados mexican os en los EU no cumplen su funcion de tutelar los derechos de los conciudadanos.
Por las entrariar
Vadas denuncias han liegado a Indicador Politico para revelar severas Irregularidades en el funcionamiento del consulado mexicano en Atlanta, Georgia, donde por cierto han aumentado las agresiones de leyes migratorias que dafian a mexicanos. La oficina de protecci6n del consulado ha dejado de atender consult as y ha abandonado a los mexicanos presos a su propia suerte; miernbros de la comunidad oaxaquefia en Atlanta revelan que la jefa de oficina, Abigail Calleja, no responde las liamadas telefonicas dejando a los mexicanos sin la proteccion consular. La situaci6n en el consul ado de Mexico en Atlanta, a cargo de Salvador de Lara Rangel, ha liegado a un deterioro grave de la atenci6n a mexicanos que algunas organizaciones han enviado cartas oficiales al presidente Felipe Calder6n, pero de ahi son remitidos ... al propio consulado. Inclusive, algunos mexicanos han comenzado a escribir mensajes a los diputados mexicanos para que tomen cart as en el asunto de un consulado que descuida la proteccion y atencion a los paisanos, justo cuando son perseguidos por las severas leyes migratorias estadunidenses. Las actividades cotidianas del consulado se han retrasado, sobre todo en trarnites oficiales de documentos civiles, notariales y de identificacion, El asunto no es menor porque recientemente se aprobo la Ley de Alabama que endurece la persecucion contra mexicanos y aumenta los temores a deportacion de jefes de familia con hijos nacidos en los EU, por 10 que los documentos oficiales se convierten en indispensables. Sin embargo, algunos denunciantes han revelado que en el consulado mexicano en Atlanta hay un retraso de rneses en la protocolizacion de documentos. Lo malo, dicen las dcnuncias, es que se han enviado quejas a la presidencia de la republica de Mexico y a las diferentes oficinas de la Secretaria de Relaciones Exteriores, pero a la fecha nadie ha investigado las denuncias de irregularidades, a pesar de que varias de elias contienen datos realmente graves sobre los comportamientos irregulares del consul De Lara Rangel, a pesar de que podrian caer como violaciones a codigos de etica estrictos en la diplomacia porque han involucrado la intervencion de la polida, aunque salvados gracias a inmunidades diplomaticas, POl' 10 pronto, algunos mexicanos han revelado en sus comunicaciones un "espeetaculo bochornoso" del consul De Lara Rangel a finales del afio pasado en el hotel Intercontinental de Atlanta porque tuvo que acudir la policia local para "calmar" los animo de del diplomatico, Lo grave fue que ya tuvo un accidente de trafico por consumo de alcohol, hecho que fue subsanado contratando a un chofer de nacionalidad estadunidense pero en una plaza donde muchfsimos mexicanos quisieran empleos en oficinas dependientes del gobierno de Mexico.
www.Quintacolumna.com.mx/columnas/indicadorpolitico/2011 Ijulio/colum-indicadorpolitico-11 0711.php
poder Jesus Ramos
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carlosramirezh @art9411 @bil~ejparke la alianza opositora tenia la lsta de T€ 2010.
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carlosramirezh @ar19411 @billiejparke es Que el Partido Verde 10tlene. 51 n que envian sus mensajes politicos grc
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lupitathomas Envio un abrazo para m amigo @carlosramlrezh qulen con www.lospinos2012.comiFelicidades! num
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carlosramirezh @art9411 @billiejparke de datos de telefonos y celulares.
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+ Consulados descuidan migrantes + Denuncian anomalias en Atlanta l lndicador Politico
En este sentido, los mexicanos en Atlanta y condados que dependen de esa oficina se sientes desprotegidos por Ia oficina consular. El dia en que se aprobo la Ley Alabama, que viola los derechos de los mexicanos y que se encuentra en el escenario de la Ley Arizona que tanto fue condenada pOI' Mexico en discursos, el c6nsul De Lara Rangel estuvo ilocalizable para atender la preocupaci6n de los mexicanos ante la persecuci6n migratoria que se avecinaba e inclusive no pudo ser contactado par algunas oficinas de la Secretaria de Relaciones Exteriores que exigian informaci6n. La dis culpa del c6nsul fue sorprendente: que ese dia habia ingerido un medicamento de fuertes repercusiones que 10 "sac6 de combate". Pero hasta ahora, el consulado en Atlanta no s610 no ha tornado iniciativas para proteger a los mexicanos de las leyes migratorias agresivas sino que ha cerrado materialmente las puertas del consulado a los mexicanos que claman protecci6n. La atenci6n ha llegado a situaciones casi de racismo --parad6jico pero cierto-» porque el c6nsul ha prohibido la aglomeracion de rnexicanos en los pasillos para atender sus demandas debido a "los malos olores" y los solicitantes tienen que llegar desde la madrugada 0 dormir en la calles una noche antes porque las oficinas inician la atenci6n a las siete, y eso que las familias acuden can nifios, Y a pesar del aumento de demandas de servicios consulares por las leyes migratorias, s610 dos personas atienden los mostradores. El problema es de intereses. Una queja enviada a la presidencia de la republica de Mexico reve16 que el Instituto Mexico de Atlanta cometia irregularidades que afectaban a la comunidad mexicana, pero la protesta se perdio en la burocracia. Cierto que el Instituto es independiente, pero result a que hay un corrvenio con el consul ado para que el Instituto "cobre" pOI' las fotografias para tramites legales dentro del consulado y asi fue reconocido en la respuesta oficial de Los Pinos. S610 que el precio anterior por las fotos era de 4 d61ares y concesionada al instituto la subieron a 12 d61ares, con cargo a la precaria situaci6n financiera de los paisanos. El manejo de ese dinero se pierde en el hecho de que elInstituto es privado, pero con ingresos a costa de una concesion del consulado. La lista de irregularidades en el consulado de Mexico en Atlanta es del tamafio de la Irrttacion de los mexicanos. Lo grave de todo es que las leyes contra migrantes aumentan de intensidad en los Estados Unidos pero algunos consulados, como el de Atlanta, desatienden su tarea primordial de protecci6n de derechos. Y luego se quejan de que algunos mexicanos detenidos en los EU carecieron de asesoria consular. (Diario Politico
de Carlos Ramirez en www.grupotransicion.com.mx)
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+ + Consulates oversight migrants denounce anomalies in Atlanta
I Fifth Column
Friday. 09 March - 2012 - Pucbla, Iv'.exico
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+ Denounce anomalies in Atlanta
+ Consulates neglect migrants
i Mexico complains that many of the Mexicans on death row in the United States not had consular assistance in time to defend their rights, it happens that some Mexican consulates in the United States do not fulfill their function of protecting the rights of citizens.
Necromancer Ti Arturo Rueda The dangerous cire biting the tongue
Carlos Ramirez U.S.: Mexican 201: scenarios
Several complaints have the Arrivals Political Indicator to reveal severe irregularities in the functioning of him he Mexican Consulate in Atlanta, Georgia, where for cierto attacks have increased them in Leye migratory damage to Mexican. Office of the consulate will protect him from dejado y consultations will serve abandoned them to the Mexican prisoners own su suerte, Members ofthe community in Oaxaca Atlanta jefa reveal that the office, Abigail Calleja, the show called them respond to telephone them dejando Mexicans without the consular protection. The situation in the consulate of Mexico in Atlanta, by Salvador de Lara Rangel, has reached a deterioration serious attention to Mexicans that some organizations have sent official letters to President Felipe Calderon, but then are sent at the same Consulate .... Even some Mexicans have begun to write messages to the Mexican deputies to take action on the matter of a consulate that overlooked the protection and care of the peasants, just as they are persecuted by the severe U.S. immigration laws. The daily activities of the consulate have been delayed, especially in official procedures of civil documents, notarial and identification. The issue not is less because recently passed the Alabama toughens Mexican persecution and raises fears of deportation of heads of families with children born in the United States, so that official documents become indispensable. However, some complainants have revealed that at the Mexican Consulate in Atlanta there is a delay of months in the notarization of documents. The trouble, say the reports, is that they have sent complaints to the President of the Republic of Mexico and the various offices of the Ministry of Foreign Affairs, but to date no one has investigated allegations of irregularities, although several of data they contain really serious about the illegal conduct of Consul De Lara Rangel, although that could fall as violations to strict codes of ethics in diplomacy because they involved the police intervention, but saved thanks to diplomatic immunities. For now, some Mexicans have shown in their communications a "show embarrassing "the consul De Lara Rangel late last year at the Intercontinental Hotel in Atlanta because he had to go the local police to" calm "the spirit of the diplomat. The worst was that I had a car accident alcohol use, a fact that was remedied by hiring a driver nationality U.S. but in a place where many Mexicans want jobs in offices under the government of Mexico. In this sense, Mexicans in Atlanta and counties that depend on this office will feel unprotected by the consular office. The day he passed the Alabama, which violates the rights of Mexicans and that is in the stage of the Arizona Law that Mexico was convicted of
In the bowels 01
Jesus Ramos Acatzingo The Dea legend campaign
William Beard Why Germany fear gold reserxes?
The beginning ofth
Gabriel Sanchez An federal deputies ag Secretary Morgan All Co
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+ + Consulates oversight migrants denounce anomalies in Atlanta I Political Indicator I Fifth Column both speeches, the consul De Lara Rangel was untraceable to address the concerns of carlossalomon Fox red tie and dedarh Mexican immigration to the persecution that was coming and could not be reached even by epn goes up in the polls @ gustavorr some offices of the Foreign Ministry demanding information. The consul's apology was yfrog.com / oezkybpj 4 hours ago' reply' retweet· favorite surprising, that that day had taken a drug of great impact that "pulled out of combat." juliohperez And when I woke up and Brown # Bartlett @ carlosramirezh
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But so far, the consulate in Atlanta has not only taken steps to protect Mexican immigration laws aggressive but materially closed the doors of the Mexican consulate to claim protection. Attention has almost come to situations racism - paradoxical but true because the consuls have banned the agglomeration of Mexicans in the corridors to meet their demands due to "bad smells" and applicants must come from the morning or sleep in the streets the night before because offices initiate care at seven, and that families come with children. And despite the increased demands of consular services by immigration laws, only two people serving counters. The problem is of interest. A complaint sent to the President of the Republic of Mexico revealed that Mexico Institute of Atlanta committed irregularities affecting the Mexican community, but the protest was lost in the bureaucracy. True, the Institute is independent, but is there an agreement with the consulate for the Institute to "come" by the photographs for legal work in the consulate and it was recognized in the official response of The Pines. Only the previous price for the photos was 4 dollars and the concession to school rose to 12 dollars, under the precarious financial situation of the peasants. The management of that money was lost in the fact that the Institute is private, but with incomes at the expense of a grant from the consulate. The list of irregularities in the Consulate of Mexico in Atlanta is the size ofthe h-ritat ion of the Mexicans. The worst part is that laws against migrants increase of intensity in thel United States but some COll- .. 1_...-- _.. _1... ~- .... 1__ ,1__ .. _..3 ~'-- --~-_.... __ 1. ,,-;:J protection of rights. f\lld then Goc'3l<.:ru lacked consular advice. (Political Diary 2012 by Carlo:
Original Text: La qravs de todo es que las leyes contra migrantes aumentan de inlensidad en los Estados Unidos pero algunos consulados, como el de Atlanta, desalienden su tarea primordial de protecclon de derechos.
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+ + CO('i~ula·te~ oversight mlgran!s senouace anomalies In Atlanta
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0 111e Af.h Cotuml. M rlyhts res ervad.
IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA
(JABR1ELA GONZALEZ-LAMBERSON. Plainlif1~
v, CIV[LACTtoN FILE NO, 11C-08425-4
DAVIS BROADCASTING OF A1LANTA, LLC JORGE LOPEZ a/Ida. "EL VAMPIRO,_" and ULISES UGALDE a/Ida "BOCHO," Defendants.
AFFIDA. YIT OF ULISES UGALDE
STATE OF GEORGIA,
COUNTY OF GWINNETT. Personally appeared before the undersigned officer duly authorized by law
roadrninisteroaths Ullses Ugalde who being first duly sworn" deposed and said
J. My name is Ulises Ugalde, I am over twenty-one (21) years ofage
and I am competent to make and give this Affidavit. and do so from personal knowledge.
I am a Defendant in the above-styled action.
I am employed by co-Defendant
Davis Broadcasting of Atlanta,
LLC,as. tbe co-host of a morning talkand
call-in radio program Los HijQS de In
Manana ("The Sons of the Morning")
broadcast from 5:00 a.m. to 10:00 a.m.
weekday mornings on local radio station La Raza l02.3FM. 4. and primarily heritage. The Los Hijos de la Manana radio program is broadcast in Spanish, caters to residents of Gwinnett County, Georgia of Mexican and
live, is unrehearsed
includes news, social commentary
and humor by the program hosts as well as
debate and contribution from live call-in listeners. 5. Discussion of immigration policy, and in particular the performance and its affiliates in representing the Mexican laws in Georgia
of the Mexican community's
interests with respect to the changing immigration
and Alabama, is the most common topic of the Los Hijos de la Manana radio program, and the most popular topic for its listeners. 6. The Los Hijos de la Manana radio program is known to its listeners and often heated debate of issues of
for its live, unscripted, irreverent, humorous,
significant concern to the Mexican community in Atlanta, including immigration policy issues. Parody and joke-telling de la Manana program.
are a routine and daily part of the Los Hijos
The recording attached hereto at Tab 1 is a correct partial recording
of the Los Hijos de la Manana program broadcast the morning of July l3, 20 11.
SA YETH NOT
[Signature on following page]
Thi ~ay d 1,\ ,IS
k'M, L. z _. or arcn 2Q'17
Sworn to and subscribed before me th is _S_ day of
PARTIAL RECORDING OF JULY 13, 2011 BROADCAST OF Los Hrros DE LA MANANA
GABRIELA GONZALEZ-LAMBERSON, Plaintiff,
DAVIS BROADCASTING OF ATLANTA, LLC, JORGE LOPEZ a/kIa ·'EL VAMPIRO," and ULISES UGALDE a/k/a "BOCHO," Defendants.
CIVIL ACTION FILE NO. 11C-0842S-4
AFFIDAVIT OF CERTIFIED TRANSLATOR TO BE FILED UNDER SEPARATE COVER
9:34 1st segment BOCHO: The moment has arrived, I don't know if its gossip. I don't know if in reality it is the news but we are going to see what's going on. To see what we have, to speak what we know. VAMPIRO: to see what we have, to talk about what we know. BOCHO: That's right, listen up, thanks to a grand colleague, Agustin Perulero Vargas VAMPIRO: my compadre Augustin. LILIANA: Regards to Agustin BOCHO: Agustin, thanks for the link, thanks for the notes, that he made us receive, no no no, the notes, "the" notes, that have shocked and have caused us ummm. How can you say it. Much CONCERN, and a lot of uncertainty. It has captured our attention, (ayyyy) I don't know so many words like the LOBO to describe it (laughter) VAMPIRO: The same thing. BaCHO: In the newspaper "The Financer" (EI Financiero) in Mexico federal district, there is a commentator a columnist named Carlos Ramirez. Ok he did his column about the consulates who don't take care of immigrants, and about lawsuits, anomalies in Atlanta, what is going on? That supposedly, or not supposedly that in fact there has already been people who have complained with the Mexican government, to the "Pinos" with the people of Felipe Calderon about that the citizens here in the United States in this area in the area of Atlanta in the area of Georgia and Tennessee. LILIANA: Alabama BOCHO: places that the consulate serves, well they do not respond to the telephone calls, there has been several lawsuits that have arrived to the political indicator to reveal severe irregularities in the function of the Mexican consulate in Atlanta Georgia, where in fact the number of aggressions of immigration laws have increased, that damage Mexicans the protection offices of the consulate have stopped attending consultations and have abandoned the Mexican prisoners to their own luck, members of the Oaxacan community in Atlanta, reveal that the Boss of the office Abigail Calleja does not respond to telephone calls. Leaving the Mexicans without consulate protection. [Announcement] The situation in the Mexican consulate of Atlanta in charge of Salvador Lara Rangel has come to a serious deterioration to the attention of Mexicans that some organizations have sent official letters to the president Felipe Calderon but from there they are remitted or in other words send again to the consulate itself, in addition some Mexicans have begun to write messages to the Mexican delegates so they can take charge in the situation of the consulate who disregards the protection and attention to the civilians from that region. We are going to pause here that is form what we have always received calls about and here when the people of the consulate. VAMPIRO: We have a happy time BOCHO: Good and it says just when they are protected by the severe immigration laws of the United States the daily activities official of the consulate have retracted, especially in the transmittals of the civil notarized documents and of identifications, now! This is not all ladies and gentlemen. LILIANA: Uyyyyyy no, there's still a lot left
BOCHO: A lot more, it says that the situation is not minor because recently the law of Alabama was approved and it toughens the persecution against Mexicans and increases the fear of deportation of people with families, children born here in the Unites States. Which is why the official documents need to be processed. Now nonetheless now the bad thing is they say that the lawsuit have sent complaints to the president of the republic of Mexico and to the different offices of the office of foreign relations, but until now nobody has investigated the lawsuit of irregularities, even though several of them have data that in reality are very serious about the irregular behavior of consul Lara Rangel, and although this could fall under violations of ethical codes written in diplomacy and have involved the intervention of the police although saved thanks to diplomatic immunity. Can you explain Vampiro what does this mean? VAMPIRO: Diplomatic immunity is that server of a nation in which he cannot be arrested under any circumstances ... only his country can arrest him. BOCHO: What does this mean? Ladies and gentlemen! Effectively ... In the lawsuit it is said that consul Salvador Lara at the end of last year in the InterContinental Hotel of Atlanta, the police had to attend to calm the moods of this diplomat, so he was involved in a problem it could be a fight, a brawl, or argument. . LILIANA: Yes it seems to be that well that we have been informed in this press-release that the consul has been accused of having problems with alcohol and to have been a bit drunk. BOCHO: Let's break this down by parts here. LILIANA: They say that because of the alcohol was the occurrence of the InterContinental fight. VAMPIRO: Excuse me but I don't believe you. It can't be that the consul can't be after and in the hands of who we are in BOCHO: Listen to this, this, I don't know ifit's better or worse. In spite of various facts, they say that afterwards the consul de Lara Rangel afterwards had a DUT. LILIANA: That's right. BOCHO: Just like Liliana says. VAMPIRO: So after that happened in the hotel? BOCHO: That's right. Some say that some Mexicans have revealed that in their communications that in this drunken spectacle of the consul of Salvadar de Lara Rangel at the end of last year in the Continental Hotel of Atlanta, because they had to call the local police to calm down the antics of this diplomat and well, they say that he in fact had this DUI. LILIANA: What nerve! Well, it's a shame that our representative has this kind of scandal. Then what they did instead of talking to him and directly telling him, listen, watch your alcohol and don't drink and drive, they got him a chauffeur, they got him a chauffeur so he wouldn't have any problems. He can drink and then the chauffeur will drive and happy happy. But that chauffeur is American. They didn't even give the job to a Mexican even though they could have. And it's a target for criticism. BOCHO: Check this out. This isn't only from laziness or from the consul's attitude or his alcoholism because they say he has a problem. But also now they say he's racist. V AMPIRO: How degenerate. BOCHO: Yes, because he's only taken initiatives to protect, to not protect Mexicans hom aggressive immigration laws but rather that NOW, the people are saying, right, waiting outside, waiting for him outside that with this heat, that he doesn't like, LILIANA: With this heat, the sun, the humidity, the kids
BOCHO: with this heat, and with families and all that, that he doesn't like the smell of the people waiting in the consul's hall. VAMPIRO: You're getting carried away. That is just rumor. LILIANA: There are a lot of people gathered around and so they smell very bad. He wants to put them outside. VAMPIRO: Those must be rumors. LILIANA: Well, they're not rumors. This has even reached the nation's President, Felipe Calderon's ears, he's reviewing everything, and is advising that there will be a big change in the consulate. BOCHO: That's how it is now. [Segment 3] BOCHO: It's what happens. Right? Also, we already have three really big problems, well really four, because the person that works in the department of protection who doesn't answer LILIANA: Who doesn't answer BOCHO: Who doesn't answer and even disconnects the phone VAMPIRO: Oh no no no LILIANA: Yes, exactly, yesterday they said I'm going to explain about the phone and was in charge of the steps take the deportees away is what they say BOCHO: The problems of alcoholism and quarrels that the Mexican consul has, three and now they even are putting the alcoholic and now listen to this, this is another problem, that the Presidency of the Republic of Mexico revealed that the Mexican Institute of Atlanta committed irregularities that affected the Mexican community but that the protest got lost in the bureaucracy. It's true that the Institute is independent but it turns out that there's an agreement with the consulate so that the Institute charges for photographs for legal procedures inside the consulate and it was recognized as such in the official response from Los Pinos. It says that the previous price was only $4 and when they were given to the Institute, they raised it to $12. Listen guy, can you imagine from $4 to $12!" They say that to the Presidency the financial situation of the countrymen handling that money gets lost in the fact that the Institute is private, but with income at the cost of a consular concession. LILIANA: So it is supposedly said that they were charging you for the pictures so they could reinvest the money back into the consulate. I asked Hernando what they did with the money. And he was telling me that, well, it was it for preparing workshops, classes for children, positive things for the Mexican community, but now we're seeing that this money doesn't even stay in the Consulate but rather goes to the Mexican Institute in Atlanta and doesn't have anything to do with the Mexican government but is rather independent. Well, what good business. From what one finds out it's fitting to mention that this is published in a Mexican newspaper. Now everything that appears isn't confirmed, but the President of Mexican is reviewing it, it must have something to it. . BOCHO: Obviously this is a political newspaper. LILIANA: Yes it is. BOCHO: This is a political newspaper. El Financiario is a political newspaper. V AMPIRO: Of course. BOCHO: And furthermore in Mexico they'll tell you they're not going to write anything without proof.
LILIANA: And not just that but also Alabama and Tennessee and all the surrounding states say that when they propose such a terrible anti-immigrant law in Alabama they tried to contact a senator with questions like what do you think? What protection do with have? How do we take care of ourselves? How are you going to help us as Mexicans in a foreign country? He never, never answered the phone and when they found him a few days later he said that, "well I took some medicine and it left me out of the combat." BOCHO: Ha ha ha LILIANA: "I'm sorry I was indisposed that day." That's what they are saying and what they published there in the paper. BOCHO: That's how it is. VAMPIRO: I know about medicines that take you out of it, they're called Corona and Sol. BOCHO and LILIANA: Ha ha ha BOCHO: What are you laughing at! LILIANA: And there are some that put you back into it. BOCHO: And not even, and they couldn't. .. the government, the government's office in Mexico couldn't find the consul himself to talk about the H-87, LILIANA: Can you imagine?' BOCHO: So when Mexico was looking for him about what was going on here about the antiimmigration laws, they were leoking for the consul and they couldn't find him! LILIANA: That's how it is. BOCHO: They couldn't find him! LILIANA: It's the same thing as what happened in Alabama - he left them alone! BOCHO: If they don't respond to, well, to the Mexican offices, LILIANA: And they're paying his salary. BOCHO: Can you imagine about the Mexican citizens here in Atlanta? LILIAN A: And that is the worst pari of it! And there are more scandals inside the Mexican consulate here in Atlanta and there's one pending called IME from the Mexican Institute for Mexicans Abroad and it's about programs that there are for Mexicans here. Well it turns out that the director is a Cuban woman. So they ask, why do you have a Cuban woman? Aren't there Mexicans who can do that job which pays $10,000 a month? So they're employing someone who isn't Mexican. I understand that everyone has equal opportunities to work. BaCHO: $10,000 a month! LILIANA: Yes. $10,000 a month. Why can't they give the job to a Mexican? I mean, it's nothing against Cubans but I think they can have a different policy inside the government of their own country. Because in Mexico employing a Cuban to give him/her that wage. I would like to have it, for example. BOCHO: What do you think! I love politics! LILIANA: You could be a politician Vampiro. You're not saying anything that's going on. VAMPIRO: Well it's not that you're letting me speak either. BOCHO: I'm giving the news now and it's not that we're not letting you speak. VAMPIRO: Let me tell you something Bocho. And the truth is that it doesn't surprise me one bit because we've been seeing this for quite a while. We've been seeing that there's very little attention and the questions that we asked Hernando's good friend when he was here, well he responded well, very simple. An example that a fellow countryman gave me was, "Vampire, here in this country, and then with the consul when they treat us badly, where are we going?"
The same question I asked Armando Bello and so it went "please write down the name of the person who is treating you badly." There aren't any solutions, there are excuses, there is blame flung to others, that's how politics is! BOCHO: I'm going to tell you something, Armando Bello, and it's not that I'm defending him, but he has ajob, and his job is communication relations, VAMPIRO: the speaker LILIANA: to be the speaker [Segment 4] BOCHO: Here in Atlanta, it's not like in, for example, in other states or in California where the consul, the consul himself, does the program. He comes and explains and speaks with the citizens. He gets involved in the community. VAMPIRO: And the previous consuls, who got involved with us? BOCHO: Well, Remedios was with us. Consul Remedios. LILIANA: Of course, she worked VAMPIRO: And Armando ... BOCHO: And we have in that picture, look VAMPlRO: Armando accompanied her LILIANA: Yes, it was like that. He supported her. She used to come and present herself. She would come every fifteen days to speak with the people and respond to telephone calls, which unfortunately the current consul hasn't done. He has separated himself a lot from the community. He hasn't gotten involved with the problems. VAMPIRO: We said that there wasn't something very good there. It was easier to contact the consul, there in a restaurant, right? But never in civic events, like those that celebrate Mexican history, like Cinco de Mayo. BOCHO: We ... LILIANA: We always re-invited him but he never came, he always sent his poor brother. VAMPIRO: We have always thrown a party. lfthe consul doesn't go, however the holiday was celebrated. But this was an important date for Mexicans, and well, no BOCHO: How many times did we invite him and he didn't come!?! VAMPIRO: And he confirmed he was going, but later then he didn't go. We didn't know and why that would be. BOCHO: We're going to return to public phone calls, the phone number is ... LILIANA: 678-475-1023. BOCHO: We'll be right back, if you want to give your opinion about what is going on with the Mexican consulate. Let's go [Music] [Segment 5J BOCHO: The godfather of Atlanta. He's not Atlanta's consul anymore but rather Atlanta's godfather and they say he baptized a bunch ofrestaurants, bars. Let's go to the phone lines. La Raza, good morning CALLER: Good morning BOCHO: What's going on my dear, let's try to be short and to the point. What is your opinion about everything that is going on with the Mexican consulate in Atlanta? CALLER: Yes it's true that what's going on with the consulate is very bad because my niece's daughters and we went to ask for help. The guard outside told us to go see Mrs. Mejia, so we
went to see her and she said that we're at the maximum and we said that she was about to die and we told her that here at the citizens window can go to Mexico but they didn't let us in and my girl died, well my niece's daughter died and they didn't try to take care of us. This happened a while ago, it's a shame, they say they have too many people or they don't have a budget, but where are all the expenses that they will spend more than $200-300. I went to get a passport for my kids because we wanted to leave this year for a year only, but they said no clearly. They said three years, and I asked them why if we only need them to leave so that my kids, as Mexicans, the Mexican school is asking for a document that has their photograph. But they said no then we need it for three years, then no there isn't any. Then we left. It's also what we citizens will do, my husband and I wrote to who is in charge, to the one in charge, because they don't get sent by themselves, because my niece's girl died, and why they didn't help us. BOCHO: So you're telling us that you have to write to the man in charge. But listen, the one in charge is always partying from one party to the next. LILIANA: He's always on vacation. CALLER: And with our money always partying. Can you imagine, how many people need help and don't have enough to eat and he can't give us some time with those who are selected? BOCHO: Thank you my dear. Take care of yourself and may God bless you. Thank you for your opinion. Let's go to another opinion quickly because it's right here. Good morning. CALLER 2: Good morning. BOCHO: Please go ahead son. CALLER 2: I don't know. That problem isn't just for Mexicans. It's also happening with the Guatemalan consulate. It's a problem that maybe all of us immigrants have, that they don't care anything about immigrants. Like the lady was saying, maybe that well ... in my case, there were some problems with a family and immigration and so I went to the consulate to ask for help, or with what could I do, but they promised to help me, but afterwards I called, but they never helped me. So, I think that they have to have a program about what this is, but I shouldn't speak with you because you might tell them. BOCHO: No, no please don't hang up, we'll take info down, please don't go. We'll be right back. It's 7:43 am and, that guy, and well, it's time to speak, what is your opinion about these irregularities. Now it isn't so much, but, think about it, now they say that they disconnect the phone in order to not answer the people who, for example, are arrested. LILIANA: So they're waiting for the paperwork to go to Mexico because they're in the process of deportation, but instead of two months they go in six because the consulate doesn't do the process quickly. VAMPIRO: Now we're going a little bit deeper into this. BOCHO: Yes a little, that they do the paperwork a little faster. I heard that Salvador de Lara himself saying, I heard him myself, saying, "No, we're the fastest, well, after Pizza Hut." VAMPIRO: I remember that. LILIANA: Oh he's a comedian. VAMPIRO: And we remember consular programs, remember that guy who died in Texas from the injection and such. They gave him his consular rights. So what is happening is that many people need to know information and what their rights are as foreigners in a foreign country because they have rights. BOCHO: A lot of people seem to think, listen since you guys are speakers (broadcasters), you are covering up a lot from the Mexican government. Now you guys are covering up.
VAMPIRO: No. BOCHO: Now we're finding out a lot of things, very personal things, about the consulates, what they're doing, how they disconnect the phones, about the alcohol problems that they have. LILIANA: How they leave people outside so their bad smell doesn't build up. BOCHO: That because of the bad smell, things like that, like the lawsuits coming up, a Oaxacan organization in the Secretary of Foreign Relations in Mexico. Can you imagine?! We are the kids in the morning! [Segment 6] BOCHO: Well, let's recapitulate, VAMPIRO: Ladies and gentlemen we're talking about problems that the Mexican Consulate here in Atlanta is having now. The Consul Salvador de Lara is being targeted principally by an organization of friendsfrom Oaxaca here in Georgia, and he's turned his back on his countrymen and this is because of several irregularities like, they accuse him of several problems like his alcoholism, the DUl, and because of his diplomatic immunity, he can't be arrested for anything by any authority here in the U.S. BOCHO: So what do you think? LILIANA: Yeah! BOCHO: Supposedly, they say that the minimum that can happen to him ... that the minimum would be a tug on his ear (a slap on the wrist). LILIANA: A slap on the wrist! He's from Mexico. BOCHO: That's all. That's the minimum. LILIANA: The least thing that can happen to him is, well, ... the maximum that they can do is remove him from his post and they can give him a sentence for not completing his duties and violating the ethical code, BOCHO: What kind of sentence? LILIANA: In Mexico they say they can charge him money, maybe take his salary back, force him to return the money he took, there are a lot of things that can happen to the consul Salvador de Lara if well, this was published in the paper El Financiero, if this can be proven. Now Felipe Calderon already called him and told him to come back so we can see what is going on. He had an interview in Mexico. He'll be back on Thursday already with the resolution and whether he's been removed from office. There are those who assure that, well, that he's only coming back to get his things. BOCHO: Let's go to the phone lines. La Raza good morning. CALLER 3: Good morning. [Lot's of background traffic noise]. This is also important for other immigrants who get sick. I'm Honduran but I also have a comment to make about the consuls. Generally we have the same problem as you all. That our consuls miss people, or I don't know. I don't know what to do in this case, but I like the information you're giving. BOCHO: As you say, what can one do in this case? Like here what they told us on the radio, if they treat you bad in the consulate leave your name and telephone number in a little box and a little story about what happened. The only one who can open the little box is the Mexican consul himself. VAMPIRO: Well, and rightly so! Of course! BOCHO: Rightly so there aren't any changes. People got tired of it. The Oaxacan community sent their letters to President Felipe Calderon. This is what we can all do, each of us as citizens of our own countries. If you're not happy with what is going on in your consulate, if you're not
well represented or attended to, well, you know what. Let's go with full cars to you own country to see what. And you know what, a lot of people say that they'll only slap him on the wrist. We saw it so. CALLER 3: Yes, because, look, J have a brother who applied for his passport and has been waiting a year this month and it still hasn't come and when he calls and they actually answer the phone they tell him that he has to keep waiting. I needed my passport because of immigration three months ago, and the guy had to go to Florida to call and go there for an appointment, to see about going there BOCHO: What did they say? CALLER 3: To see what they want from me, because you know how immigration is and that you need a passport, and we have no one to help us I think, look at my brother who has gone a year almost without it, it'll be a year next month. A year, and it's the same, so I think that this is terrible and that it's catching. BOCHO: Thank you for your opinion. It's very important. You have a message Vampiro? VAMPIRO: Yes, check it out, I'm not going to reveal the source in order to protect them, not because it's mine but this information was passed to me. It's said that Salvador de Lara is a friend of the brother of the Secretary of Foreign Relations ... BOCHO: What? He's what what what what? VAMPIRO: He's the friend of the brother of Secretary of Foreign Relations who is the Ambassador to Japan. BOCHO: Wow. VAMPIRO: That's the core of it. There are some journalists who have served as hangmen for various consuls, but today they fall because they receive their weekly salaries... Do you understand? BOCHO: Some journalists cover up what's going on in the consulate because they're getting paid? You're kidding! VAMPIRO: Because they're getting their little salary every week ... I was a journalist. .. LILIANA: No it's not that! VAMPIRO: Uy my friends, I lived and was a journalist in Mexico and every week all the government offices sent payments to all my fellow reporters. LILIANA: And what about us?' BOCHO: We're talking about the consul. .. LILIANA: That's not fair! VAMPIRO: It's so classic (typical) of reporters! [Segment 7] VAMPIRO: of the reporters, there in Mexico, they gave it to me, I wanted my money. Everyone wanted to get their money. It was 1,000 pesos every week in Mexico. It was eight or ten years ago with a good bill. BOCHO: The bad thing about this situation LILIANA: Like $90 BOCHO: The bad thing is that you can't boycott the consulate. People need their papers, documents are needed. Already they're going to accept consular registration for H-87, they were going to lose money. VAMPIRO: Of course, I don't know another thing. BOCHO: They're going to lose money.
LILIANA: No, but with the passport, there must be people who don't use it to register in school, people need it to identify themselves. BOCHO: It's a bad thing because, as our first friend who called said, you know what, she said, when someone dies here and we want to send the body to Mexico, she says, as Mexicans we need legal help because it is a legal process ... VAMPIRO: Of course BOCHO: she says, but they don't answer the phone at the consulate. LILIANA: They say in El Financiero that they make people wait or that they get there at 7:00 in the morning, and they wait until the end of the day to see them. VAMPIRO: At the end of the day and they're treated badly. LILIANA: Can you imagine the people who go there with all the pain and sadness they feel and they have to wait the whole day to find out what to do with the body. BOCHO: Hello good morning. CALLER 4: Hello good morning. BOCHO: Hello Coraz6n, please go ahead with your comment. CALLER 4: [unintelligible] BOCHO: Please, tum down the radio because we can't hear you dear, please. I want to hear that sexy voice that comes through so brusque and raw in the morning. CALLER 4: You all are talking about the consul. We're complaining about bad treatment and the secretary treats him badly. BOCHO: In your experience, what has happened to you? CALLER 4: We just wanted them to tell us what papers we have to bring, no big deal right. But there was an ugly encounter with security. Those who get ahead leave everyone else behind. What's going on with that? It's one of the terrible things about them. How do you say it, as far as security, it's terrible. BOCHO: So much security. I mean, there are so many complaints about the security people that are there guarding the entrance. So many people have complained about them. They say "go complain there." LILIANA: There are a lot of complaints ... BOCHO: Until now we haven't known, and we don't know that they've changed security. Right? V AMPIRO: Of course. LILIANA: What they do say is that there is a lot, there are many, that isn't just one Colombian, it's that there are several Colombians. They haven't fired anyone and they don't clean it up and they treat them badly. V AMPIRO: The official version is that the people were from an agency that was hired by the consulate. Exactly. BOCHO: Very easy. Change the agency guy. VAMPIRO: How is it that they can allow them to treat people so badly in their own land, in their own country? BOCHO: That's how it is, look why don't we send him some greetings, he says sympathy, sympathy please for my sister, she says "I'm here in Mexico and I'm listening on the internet." She says that what they say about the consul is right, "they deported me." She says that neither the consulate or anyone ever answered.
V AMPIRO: In any way, maybe they can't get you out of jail, or maybe they can't stop the deportation, but at least they could give some minimal information to the family to know where to go or where they're going to take you or what. BOCHO: That's how it is ... LILIANA: That is what the procedure is. The consulate is supposed to facilitate a deportation but ifits late with the necessary paperwork, then the person stays injaillonger. VAMPIRO: It's a lot of, a lot, well I don't know ifthere is a good place for good service of good quality for everyone else. BOCHO: La Raza good morning. CALLER 5: Good morning guys, I've been following your progam. BOCHO: Thank you. CALLER 5: I'm calling from Georgia and my name is Silvado and it's really a shame what the consul is doing. I getting my passport [unintelligible skip]. Maybe my children are Mexican but being outside all day, well the truth is that I didn't take my children with me because it's impressive and its true what the lady before just said that they deceive people. And we in Mexico ... well, I've been here a long time ... so all of us have some profession here in this country, but we have a lot of indigenous people in Mexico that, when they go to the consul, they get treated very badly. It's true what they say about the security personnel. They yell at them or they yell at us and the truth is that you're very surprised. I remember in 1989 when I was getting my passport in Miami, the consulate even gave me some coffee. But now, the kids can't even eat outside. BOCHO: And remember that it's a business, right? Oh, the phone hung up. Sorry guy. May God bless you. It's a business, it's earning, it's generating money. Can you imagine how much money they must be making? How much must their profits be? For example, of the Institute ... what's it called? LILIANA: From Mexico, the Mexican Institute is the one that. .. BOCHO: Yes, that one. And who is the person who makes $10,000 a month? LILIANA: The Director of the Institute for Mexicans Abroad, the IME. BOCHO: OK, so how much does the Institute generate? First their salaries ... LILIANA: It's a lot. I want to ask what they do with the money ... [Segment 8] LILIANA: So that money doesn't stay here, it goes to Mexico. VAMPIRO: So that same person who has been sending me information, who is very trustworthy, tells me that it's possible that there's some kind of political favor that he's got a job that it must be a Mexican either here or there in our country who is doing some kind of favor, even sexual favors. Yes sir, don't be surprised. BOCHO: Don't ... VAMPIRO: They handle a lot of things BOCHO: I was going to say guy ... LILIANA: These are just speculations, we can't go there ... BOCHO: No no no lady, I'm sorry ma'am ... LILIANA: I don't believe that the consul is capable of giving ajob in the consulate in exchange for sexual favors, don't make stuff up, that's too much. VAMPIRO: Liliana, Liliana, Liliana, they're saying that it could be a type of sexual favor or it could be said that it could be a type of political favor or that woman is keeping a post. ..
BOCHO: (laughs), sorry guy but! feel like I'm in Mexico.
V AMPIRO: Well; practically ...
LILIANA: Well it's the Mexican ccnsulate, so ofcourse it's Mexico. BOCHO: Youknow what bappened, the Mexican consul's wife called, Salvador de Lara's wife
called the consulare and the lady from 1MB answered, what's her name again? .. and she asked if
she'd seen her husband. And she answered; oil, yes twice already and now he's smoking and.
he's half asleep now. .
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