Now we have “water equity” A Federal judge ordered water to be turned on for Hmong farmers in Siskiyou County—but NOT for farmers of other nationalities. This is bigotry and discrimination by a judge appointed by Barack Obama—expect different?
“A federal judge on Friday temporarily blocked a Northern California county from enforcing water permit laws aimed at cracking down on illegal marijuana farms, finding the restrictions might be intended to drive a minority Asian community out of their homes.
Responding to concerns about violent crime and environmental harm associated with illegal marijuana grows, Siskiyou County passed two ordinances in May 2021 requiring permits to extract and move groundwater off site and to transport water by truck. The water-truck permit law applies to a limited number of streets and highways, including those in an area called Shasta Vista, which is home to a large number of Hmong immigrants from south China and Southeast Asia.
The county argued the restrictions were necessary to help preserve groundwater, prevent illegal cannabis grows, reduce violent crime related to illegal marijuana cultivation and to enforce laws against unpermitted dwellings.”
The Taliban could not have done better than this Obama Judge.
Judge blocks county from cutting off water to South Asian immigrants in rural California
Members of the Hmong community in a rural Siskiyou County subdivision say the water restrictions caused their vegetables and livestock, which they rely on for food, to die.
Nicholas Iovino, Courthousnews. 9/3/21
(CN) — A federal judge on Friday temporarily blocked a Northern California county from enforcing water permit laws aimed at cracking down on illegal marijuana farms, finding the restrictions might be intended to drive a minority Asian community out of their homes.
Responding to concerns about violent crime and environmental harm associated with illegal marijuana grows, Siskiyou County passed two ordinances in May 2021 requiring permits to extract and move groundwater off site and to transport water by truck. The water-truck permit law applies to a limited number of streets and highways, including those in an area called Shasta Vista, which is home to a large number of Hmong immigrants from south China and Southeast Asia.
The county argued the restrictions were necessary to help preserve groundwater, prevent illegal cannabis grows, reduce violent crime related to illegal marijuana cultivation and to enforce laws against unpermitted dwellings.
Chief U.S. District Judge Kimberly Mueller of the Eastern District of California found the permit process, which requires applicants to list parcel numbers and zoning categories, created unreasonable barriers for non-English speakers.
“It is difficult to understand what purpose these requirements might serve other than to deter lay people from applying for permits,” Judge Mueller wrote in a 28-page opinion.
The county won’t allow water deliveries to unapproved dwellings or to people living on unimproved land — parcels it deems “campsites” — even if the people there have camping permits. As a result, Mueller wrote that the county would likely reject permit applications from people in Shasta Vista, where most people live in unapproved structures.
The ACLU of Northern California filed an amicus brief in the case, arguing the county’s decision to effectively cut off the Hmong community’s water supply was based on “anti-Asian sentiment.”
County officials denied that the laws were intended to discriminate against Asian people.
Plaintiff Der Lee, a Laos-born immigrant and member of the Shasta Vista Hmong community, testified that he and other Hmong immigrants experienced “a great deal of racial prejudice” when he moved to Shasta Vista, a rural area north of Mount Shasta, in 2015. Since the ordinances took effect, Lee said his vegetables and two chickens, which his family depend on for sustenance, have died due to a lack of water.
Mueller found that without an injunction, Shasta Vista residents would “likely go without water for their basic needs and will likely lose more plants and livestock.”
In her ruling, Mueller noted that the county rejected attempts to reach a compromise that might have prevented members of the Hmong community from being deprived of water during the hottest time of the year.
“It is difficult to square the County’s claims of concern about the health and well-being of people in Shasta Vista with its decision to cut off their water supply completely,” Mueller wrote. “This evidence supports the plaintiffs’ claims that the County intends its permitting ordinances to have the effect of forcing people in Shasta Vista out of their homes.”
Mueller rejected the plaintiffs’ request to block a separate August 2020 ordinance that restricts groundwater use for illegal marijuana grows. She found that because no plaintiffs said they planned to use water for growing cannabis, the ordinance would not affect them.
The judge also found the plaintiffs were unlikely to succeed on claims that the ordinances violated civil rights laws, due process rights and their right to freely assemble. Mueller further refused to accept claims that the ordinances were unconstitutionally overbroad.
But the judge found the plaintiffs raised “serious questions” about claims that the permit requirements violated their rights to equal protection under the law, and that they adequately showed they would suffer irreparable harm without a court order barring enforcement of the ordinances.
“Without an injunction, more animals will likely die, people will suffer from a lack of water, and some will likely be forced to leave their homes behind,” Mueller wrote. “These are irreparable harms.”
Attorneys for the plaintiffs and Siskiyou County did not immediately respond to emails requesting comment Friday.
Lead plaintiff Dilevon Lo is represented by James Raza Lawrence of Margolin & Lawrence.
Domenic Spinelli, a private attorney based in Sacramento, represents the county.
