Complaint Over Elm City ID Cards Gets Hearing
by Christine Stuart | March 4, 2008 4:00 PM
Posted to Legal
| Local Politics
A Freedom of Information hearing officer heard motions Tuesday in a complaint seeking the names, addresses, and photographs of New Haven residents enrolled in a controversial municipal identification card program.
The ID cards are believed to be the first in the country designed specifically to bring undocumented people out of the shadows and to give them access to community and banking services. The cards are available to all Elm City residents, even if they are documented citizens.
In a packed room Tuesday, Freedom of Information Commission hearing officer Sherman London consolidated two complaints. One was filed by Chris Powell, the managing editor of the Journal Inquirer, who told the commission he was just representing himself in the matter and that the newspaper was not involved. The other complaint was filed by Dustin Gold, who was represented by Michael Hethmon, an attorney from the Immigration Reform Law Institute.
Most of the more than two hour hearing dealt with granting two parties intervener status. The first party was Debra Torres, an attorney who represents the unnamed individuals who have received the ID cards from the city. In order not to compromise their identities, Torres suggested they submit affidavits for the commission to review and provide third party witnesses who would be able to testify to the risk they face if their identities are revealed.
The “Doe interveners can’t participate without giving the complainants the information they seek in this case,” Torres said.
Mr. London said both Mr. Powell and Mr. Hethmon would have the ability to cross-examine the witnesses, but would not have access to the affidavits.
The FOIC’s lawyer, Lisa Segal, said she was trying to find a middle ground.
“The heart of this case is names and addresses and we’re trying to work around that in a way that’s fair to both parties,” Ms. Segal said, adding that the affidavits would be given less weight as evidence than the witness testimony because the complainants wouldn’t have an opportunity to question the individuals submitting the affidavits.
The second intervener was the state of Connecticut. Assistant Attorney General Steven Strom said he is representing the state Department of Emergency Management, intervening on behalf of the city. Strom said that exposing this information “would put people’s lives at risk.”
Strom said the city of New Haven could have filed a motion to dismiss the complaints because the Commissioner of Emergency Management and Homeland Security is actually the proper party in this matter based on changes made to the Freedom of Information Act in 2007. (See section 19).
Mr. Powell did not object to the state entering the case as an intervener on behalf of the city, but he pointed out that the city made an independent judgment to deny the FOIA request before the state got involved.
Evidence and witness testimony in the case will be presented at 10 a.m. Monday, March 31 at 20 Trinity Street in Hartford.
Comments (7)
Posted by: Dustin Gold was there. | March 4, 2008 5:48 PM
Dustin Gold was there. Sitting right behind his "lawyer," against the side wall. Other than that, great article.
Posted by: christine | March 4, 2008 6:19 PM
Thanks. I corrected it.
Posted by: GodBlessAmerica | March 4, 2008 6:27 PM
Chris Powell of the Journal Inquirer and Dustin Gold should make this an interesting process. I am glad that they teamed up, since Jerry Kristofer seems to have drop Dustin Gold since moving to Hartford. Hopefully Chris Powell and the Journal Inquirer of Manchester will be able to give Dustin Gold and the Community Watchdog Project balanced and fair reporting.
God Bless America
God Bless Dustin Gold and Chris Powell and the Journal Inquirer of Manchester for standing together!
Posted by: God Bless the FOIC | March 4, 2008 11:48 PM
Why do you think that Dustin Gold moved to suppress all evidence of his connection to "hate groups" (his own lawyer's words)? What's he got to hide?
Posted by: Nestor Makhno | March 5, 2008 12:15 AM
In the spirit of "standing together," the Community Watchdog Project should organize a candle light vigil for Mark Juvette, the ICE agent who passed away last week:
http://www.star-telegram.com/448/story/498696.html
Posted by: Cedar Hill Resident | March 5, 2008 3:23 PM
They better not release it! We the people of the United States of America are giving the people in our city sanctuary. It is that simple! If you don't like it then move from New Haven.... do you live here???? Hmmmm I have my card and I am proud of it! Go ahead all the important people who's children that go to Yale that got the card because it is a very useful card in our city will have a heyday if there children's ivy league name are realesed!
Posted by: jay | April 7, 2008 12:50 PM
FOIA is designed to make government more transparent and accountable to its citizens, which are the ones footing the bill for these social programs.
It is the government's responsibility to release the names of the beneficiaries of tax dollars, be they corporations that win grant money, or ID card holders who use public money supported facilities. That's the moral argument for the name release.
The practical reason is that Mayor DeStefano created the cards with a special debit feature useful ONLY at a bank where he has a financial stake. In short, he uses a government funded program to bring profits toward his personal venture.
DeStefano said its to encourage illegals to use a bank for safety, but its HIS bank.
DeStefano is a criminal for introducing this ID program in violation of IRCA, a federal law. And, he's betrayed the public trust by using a public social program for his own financial gain.
Mayor DeStefano deserves to be stripped of office and placed in prison for these blatant crimes. However, there doesn't seem to be anyone with enough guts to take this swindler on and indict him.