Georgia Latino Alliance for Human Rights et al v. Deal et al

Filing 29

MOTION for Preliminary Injunction with Brief In Support by Alterna, Asian American Legal Advocacy Center, Paul Bridges, Coalition for the People's Agenda, Coalition of Latino Leaders, DREAM Activist.org, Jane Doe # 1, John Doe # 1, Jane Doe # 2, John Doe # 2, Paul J. Edwards, Georgia Latino Alliance for Human Rights, Sharon Gruner, Everitt Howe, Instituto de Mexico, Inc. of Atlanta, Ernesto Pinon, Service Employees International Union, Jaypaul Singh, Southern Regional Joint Board of Workers' United, Benjamin Speight, Task Force for the Homeless. (Attachments: # 1 Brief Memorandum in Support of Motion for Preliminary Injunction, # 2 Index of Exhibits, # 3 Exhibit Exhibit 1 Georgia House Bill 87, # 4 Exhibit Exhibit 2 Declaration of Abraham F. Lowenthal, # 5 Exhibit Exhibit 3 Declaration of Jane Doe 2, # 6 Exhibit Exhibit 4 Declaration of David S. Kennedy, Jr., # 7 Exhibit Exhibit 5 Declaration of Paul Bridges, # 8 Exhibit Exhibit 6 Declaration of Benjamin Speight, # 9 Exhibit Exhibit 7 Declaration of Everitt Howe, # 10 Exhibit Exhibit 8 Declaration of Paul C. Edwards, Jr., # 11 Exhibit Exhibit 9 Declaration of Sharon Gruner, # 12 Exhibit Exhibit 10 Declaration of Jane Doe 1, # 13 Exhibit Exhibit 11 Declaration of George Gascon, # 14 Exhibit Exhibit 12 Declaration of Eduardo Gonzalez, # 15 Exhibit Exhibit 13 Declaration of Lewis Smith, # 16 Exhibit Exhibit 14 Declaration of Ernesto Pion, # 17 Exhibit Exhibit 15 Declaration of Jaypaul Singh, # 18 Exhibit Exhibit 16 Declaration of John Doe 1, # 19 Exhibit Exhibit 17 Declaration of John Doe 2, # 20 Exhibit Exhibit 18 Declaration of Silvia America Gruner, # 21 Exhibit Exhibit 19 Declaration of Anton Flores, # 22 Exhibit Exhibit 20 Declaration of Adelina C. Nicholls, # 23 Exhibit Exhibit 21 Declaration of Anita Beaty, # 24 Exhibit Exhibit 22 Declaration of Helen Kim Ho, # 25 Exhibit Exhibit 23 Declaration of Mohammad Abdollahi Ali-Beik, # 26 Exhibit Exhibit 24 Declaration of Eliseo Medina, # 27 Exhibit Exhibit 25 Declaration of Harris Raynor, # 28 Exhibit Exhibit 26 Declaration of Gabriela Gonzalez-Lamberson, # 29 Exhibit Exhibit 27 Declaration of Molly Lauterback and Exhibits A through F, # 30 Exhibit Exhibit 28 Exhibits G through J for Declaration of Molly Lauterback, # 31 Exhibit Exhibit 29 Exhibits K through M for Declaration of Molly Lauterback, # 32 Text of Proposed Order Proposed Order Granting Motion for Preliminary Injunction)(Lapointe, Michelle) (Attachment 20 replaced on 6/10/2011) (dgs). (Attachment 29 replaced on 6/10/2011) (dgs).

EXHIBIT 7

DECLARATION OF EVERITT HOWE
I, Everitt Howe, hereby declare:
I make this declaration based on my personal knowledge and if called to testify I
could and would do so competently as follows.
1. I am 65 years old, and I was born in Coral Gables, Florida. I am a U.S.
citizen and have been a resident of Georgia since 1986.
2. I retired from the U.S. Air Force as Lieutenant Colonel in 1989.
Subsequently, I worked for Pan American Airlines until 1991, and then I
worked for Lockheed-Martin from 1992 to 2005.
3. I was the Vice President of the Fulton County chapter for Atlantans
Building Leadership for Empowerment (“ABLE”), an
interdenominational social justice organization composed of 27
congregations and organizations. In this role, I represent my church, St.
Jude’s Catholic Church, located in the Sandy Springs neighborhood. Our
St. Jude ABLE group has organized and led English language classes for
11 years now.
4. I also serve as a caseworker in a community service program at my
church, primarily serving residents in the area covered by the 30328 zip
code and a part of the 30350 zip code. The program offers a variety of
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services, including providing advice on legal or tax matters, food support,
and direct financial aid to families and individuals in financial hardship.
We serve about 100 families a month through this program. We do not
inquire into the immigration status of the individuals we serve, but our
clients include some undocumented immigrants.
5. As part of my involvement in the program, I regularly accompany and
drive families and individuals who may be undocumented immigrants to
hospital visits or other appointments. For example, I have been driving an
undocumented young man who is suffering from leukemia to the Emory
Hospital in Decatur for his cancer treatment once a week for the past four
months.
6. I have also provided assistance to and regularly driven a family with
mixed immigration status for the past eight months. The family is
composed of the parents who are undocumented immigrants and their 16year-old daughter who is a U.S. citizen. The father suffers from a kidney
failure, and needs regular dialysis and medical care. I have driven him to
the traffic court in the past and paid a large part of his fines in order to
prevent his incarceration and allow him to continue to work and support
his family. I have also helped the daughter obtain her Georgia learner’s
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permit, both by driving her and her family to the Department of Driver
Services and providing driving instruction.
7. In the course of these trips, I have accidentally run a red light on one
occasion. I have also had some issues with an intermittent tail light on my
car, and it is possible that I may be stopped in the future for minor traffic
violations such as a malfunctioning tail light while I am driving with my
clients. I fear that under HB 87, I could be found criminally liable for
these activities.
8. I also teach English language classes at my church. We do not inquire
into immigration status for these classes. These classes used to be a
thriving part of our ministry and used to have an attendance of about 100
students a week. However, there was a dramatic decrease in attendance
this year; the number dwindled from about 25 to about 12 students at
present. This is an average of about 2-3 students for each of our 5 levels
of classes, and we may have to cancel the classes altogether as a result.
The decline in attendance is directly attributable to people’s fear around
HB 87. I know this because my students have told me so.
9. Because my church offers these English language classes as well as
masses in Spanish and Portuguese, we have been accused of wrongdoing
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or inappropriately helping immigrants. For example, after SB 350 became
law, we provided information to our students about its effects during class
time. One of the English language instructors grew upset and quit, with
an accusation that we were encouraging undocumented immigrants to live
here.
10. Several of my clients or acquaintances have also recently decided to leave
Georgia as a result of HB 87. A girl who was hoping to pursue medical
studies here has now decided to move with her family to Brazil because of
the general atmosphere of hate and fear created by the law. Another
couple I know has decided to move back to Honduras for similar reasons
even though the husband is a U.S. citizen and the wife is a documented
immigrant.
11. It is not just the undocumented immigrants who are feeling intimidated as
a result of HB 87. A few days ago, I forgot to take my wallet and my
driver’s license with me when I left my house. My car broke down on I285, and I pulled over to the side of the highway. A police officer stopped
to ask if I needed assistance. I said I had AAA on the way and he said ok.
Even though no negative incident occurred, I felt nervous during the
encounter because I was wearing a t-shirt which read “We are all
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