Thursday, September 21, 2006

Officially English III

CM Eric Crafton amended his bill on Tuesday evening. Here's the newest version with the original following. Changes are highlighted in red.

SUBSTITUTE ORDINANCE NO. BL2006-1185

An Ordinance amending Chapter 1.04 of the Metropolitan Code of Laws declaring English to be the official language of the Metropolitan Government, and to require that all government communications, publications and telephone answering systems be in English with certain exceptions.

WHEREAS, Tennessee Code Annotated § 4-1-404 establishes English as the official language of the State of Tennessee, and requires all communications and publications produced by governmental entities to be in English; and

WHEREAS, the Council now desires to designate English as the official language of the Metropolitan Government for purposes of government publications and communications.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Chapter 1.04 of the Metropolitan Code of Laws is hereby amended by adding the following new section 1.04.070:

"1.04.070. English the official language of the metropolitan government.

A. English is hereby established as the official language of the metropolitan government.
B. Except when required by federal law or when necessary to protect or promote public health, safety or welfare, all communications, publications, and telephone answering systems of metropolitan government boards, commissions, departments and agencies shall be in English."

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Eric Crafton

and the original:

ORDINANCE NO. BL2006-1185

An Ordinance amending Chapter 1.04 of the Metropolitan Code of Laws declaring English to be the official language of the Metropolitan Government, and to require that all government communications, publications and telephone answering systems be in English only.

WHEREAS, Tennessee Code Annotated § 4-1-104 [should be 4-1-404] establishes English as the official language of the State of Tennessee, and requires all communications and publications produced by governmental entities to be in English; and

WHEREAS, the Council now desires to designate English as the official language of the Metropolitan Government for purposes of government publications and communications.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Chapter 1.04 of the Metropolitan Code of Laws is hereby amended by adding the following new section 1.04.070:

"1.04.070. English the official language of the metropolitan government.

A. English is hereby established as the official language of the metropolitan government.
B. [Substitute bill adds wording here] All communications, publications, and telephone answering systems of metropolitan government boards, commissions, departments and agencies shall be in English only."

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Eric Crafton, Michael Craddock

I watched this portion of the Metro Council meeting via streaming video online. CM Jameson's questions carry little weight with me. His first point seemed to be that unless you're part of a certain group you have no right to participate in the process. He used this same premise during my school board appointment and race and it's one that still shouldn't be entertained. CM Crafton was elected by citizens in his district not just immigrant citizens. He has no obligation to have or produce an immigrant before this bill has legitimate foundation.

I do think the additional wording of "or when necessary to protect or promote public health, safety or welfare," doesn't really jibe with "with certain exceptions". Not much 'certain' in that added line. I think this wording is going to be very broadly interpreted. I would have stopped at "except when required by state or federal law" or perhaps added that if a Metro agency makes information available in another language it's as convenience and should not be considered 'official'. Would that satisfy CM Cole's concerns about the 1st (freedom of speech) and 14th (due process) Amendments? Because we tend to mentally glaze over mentions of those amendments I'll include snips as refreshers.
Amendment I.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I'm assuming that Section I of that 14th Amendment is CM Cole's concern:
Amendment 14, Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

I also think that something A.C. Kleinheider wrote is a very good point and one that should be considered as we hear the protestations from those who object to this bill.

Indeed. Always remember these voices you hear, these activists, these advocates, these community leaders are often grifters and exploiters. Their very position in society is inextricably linked with the oppression and alienation of their people. It is in their interest to keep their people unassimilated and streaming into our society in record numbers in order to increase their power base.

Always remember this when you hear the arguments made against this bill.

I wouldn't go so far as to call these people grifters but we do need to remember that many (not all) of these people make their living 'advocating' for these people. I've seen, lived with and had to work around several advocacy groups that exist to 'help'. Usually they're much more of a hindrance to freedom and real progress. Their efforts usually enable a dependency that ensures the group's continued existence and power. They may have started out with the best of intentions but it's an unusual organization that doesn't eventually make mission one protecting its own existence. And always remember that loudness doesn't necessarily equal legitimate authority. That comes from voters. Councilmen would be well advised to listen to voters.

We've definitely got some time to discuss the matter as it doesn't come up for public hearing until the 2nd meeting in October. Let's hope the conversation rises above 'mean and divisive' cause if that's all they've got--name calling is not nearly enough.

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