By Ashley Hungerford
Marietta Daily Journal Staff Writer
MARIETTA - Anti-illegal immigration activist D.A. King is seeking a temporary restraining order and preliminary injunction against Cobb Chairman Sam Olens, calling for a 90-day halt to the county's issuance of all commercial licenses.
King said the decision to file the motion in Cobb Superior Court on Wednesday was not made lightly.
"I'm sorry that it has come to this point," King said. "But I don't think anybody is above the law or can redefine the English language."
King said Cobb officials are not following state law that requires them to verify the immigration status of applicants for public benefits, such as business licenses.
Olens said he could not comment on pending litigation.
"All I'm trying to do is stop illegal action," King said. "My goal is an equal application of American law."
The 2006 Georgia Security and Immigration Compliance Act, sponsored by state Sen. Chip Rogers (R-Woodstock), requires governments to verify through a federal database that applicants for public benefits are in the country legally.
County officials say they are using the database, organized by the U.S. Department of Homeland Security, to verify the 1,098 business licenses the county issues.
But the county and King disagree over what the county calls "occupational tax certificates."
The county uses the same form for business license and occupational tax certificates, and both are commonly referred to as a "business license."
Robert Quigley, county spokesman, told the Journal that county attorneys have determined an occupational tax certificate is not the same as a business license.
He said the county can only issue business licenses to - and regulate - 10 types of businesses. Those are amusement rides, alcohol licenses, flea markets, garbage hauler, health spa, pawnshop, peddler, poolroom, taxicab companies and taxicab drivers.
All other businesses receive an occupational tax certificate, which is for "revenue-gathering purposes only," Quigley said. Cobb has 27,668 of those businesses, he said.
In his motion, King says, "(Olens) has made an attempt to obfuscate the legal issue at hand and redefine not only commonly used English words and terms, but its own decades old terms in an effort to elude and refuse compliance with existing laws and regulating limited public benefits including commercial licenses."
Cobb has sent a letter to Attorney General Thurbert E. Baker, requesting his opinion on the issue.
Tom Charron, Superior Court administrator, said Cobb Superior Court has asked an outside judge from the Seventh Circuit to hear the motion. A judge has not yet been assigned to the case.
In the meantime, King said, he wants to keep the issue as public as he can. He has received a permit from the Marietta City Police to hold a rally outside the coming night meetings of the Board of Commissioners. On the fourth Tuesday of each month, the commissioners meet at 7 p.m. in the second-floor meeting room, at 100 Cherokee St. The next such meeting is July 22.
"I'm not the only one upset about this redefining of words," King said. "Cobb County, as far as this issue goes, has serious credibility issues ... I like and respect Sam Olens. But on this issue, he is wrong. It's nothing personal."
ahungerford@mdjonline.com
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Posted Comments
When a man stands up for what is right, it is admireable & respectable. It is just plain time for ALL elected city & county officials (including senators & governors) to put the bs aside & stand up (like D.A.) & say "look, if your not here LEGALLY, you must leave Georgia because we will no longer allow this burden to be carried by the american citizens"! Greed has a price, & it IS being paid by every law-abiding legal American citizen that is being effected by what is being shoved down our throats- while the elite believe they are "above the law". The ones aiding & abetting lawbreakers are indeed lawbreakers themselves. Elected officials included.
D.A., In your action against Cobb County, please include the six cities w/in, as to leave nowhere to run & hide! They're ALL havens for illegals!!Thanks D.A.!
Hey Mr. King- Thanks for wasting our tax dollars. Should have waited for the Attorney General before suing Cobb.
I wish this guy would take his racist rhetoric somewhere else.
Mr. King: Are these illegals also getting a Federal Income Tax number and a Georgia Sales Tax Number? Probably not. They have to have the Business Lic. When the Inspector pulls up.
Mr. King is absolutely right. Our Cobb County officials should not continue the "winking and nodding" that allows illegal alien businesses to continue and prosper. Only those businesses who are ILLEGAL would oppose routine scrutiny to verify their legitimate status even if classified by "occupational tax certificates". Why the County would oppose this is mind boggling. As residents and citizens, we would expect Sam Olens to be pro-active in wanting to clean up illegal acitivity in our County instead of searching for a loophole so he can continue to look the other way.
Give 'em hell, D.A. They're weasels trying to claim that an "Occupational tax certificate" isn't a business license and, therefore, doesn't fall under the public benefits clause of the law which calls for screening applicants. They're being as deceitful and word-mincing as possible to avoid playing by the rules. It's VERY simple. If an occupational tax certificate is required to do business in Cobb county then it should be considered a de facto business license and the applicants should be screened. PERIOD!
Keep up the good work D.A. If you win this case, then all legal AMERICAN tax-payers will win too. I am proud to have stood with you several times in the past. I will also do my best to attend the demos that this article refers to. Thanks.
D. A. King, way to be a Patriot and uphold the law! Stand strong and keep the faith!
Thank you DA, keep holding their feet to the fire. Every day Cobb is in the news with shootings, police chases and other serious crimes. We need to get serious about enforcing all laws for everyone, not just for citizens and taxpayers. We are fed up with the pandering.
In these modern flaky times the meaning of words is so uncertain. For example: Marriage.... no longer means the legal union of a man and a woman. Illegal alien... is simply a migrant without documents and not someone who is in violation of federal immigration laws. Is....is a word that former impeached U.S. President Bill Clinton mulled over endlessly along with linguistic scholars from around the country. Now it is up to Cobb Superior Court to put their thinking caps on to come up with the definition of "business license". Stay tuned to find out if common sense prevails in the courtroom.
I find it odd that we are even having this discussion over the presence of Latinos in the United States in the year 2008. Mexicans, Guatemalans, Salvadoreans, Hondurans, and others from Latin America have been flooding our country for 20 years. Not only did we permit it, we WANTED them. Now when the dam has broken, some of us want to complain. I was against this invasion 15 years ago. I knew what the consequences would be of this. But all my fellow Americans could (and still- many want "amnasty" for the "undocumented persons") think about what how this could take advantage of these people. What do you expect to do with a mass of low skilled, barely educated people? We have AMERICANS who can cut grass, paint houses, mop floors, move boxes, pick peaches, and flip burgers. Why do we need Mexicans to do it?
I will make every effort to attend this rally, and I'll pass word on to my Cobb country friends and family who don't read the Marietta Daily Journal. Thank you for your efforts Mr. King.
Good for King! Why does the county want to help illegals stay here? Can't they see the harm they're doing to our society? Or don't they care? I guess if you live in a gated community, you don't see the day-to-day harm, but they surely can cut grass in your gated sanctuary, can't they?
I am in full support of DA's actions. It will set a precedent for action in other municipalities.
D.A. King has it right. Laws are laws and they should be enforced. Period......
I fully support Mr King in his efforts to have Cobb County follow the laws as passed by our State legislators. Local officials must not be allowed to make their own interpretations - there is no limit as to where such actions will take us. Tnankfully folks such as Mr. King are "watching the hen-house" for us citizens of Cobb County.
King is after what, exactly? Bigger government?
King should be thanked for making it clear that Cobb officials have an agenda of helping illegals get a business license. What if thewre were no state law? It is STILL a federal violation to aid, assist, enable employ or encourage an illegal alien to remain here. Tell me giving them permission to open a business isn't encoraging them to remain in Cobb. D.A. King has the courage to stand up...Sam Olens wants to hide behind symantics. VIVA D.A.!
Thanks KING ! I will be helping more soon. I have been at the commisioners of Dekalb County and Rockdale! It takes a true citizen that respects the rule of law to help our cities ,towns and country. ! Wake up America! Anyone that respects the total disrespect of the people/citizens of the United States and the future of the United States children ,borders ,language and culture should move to IRAN!
Save the USA ! Stop the racist Laraza/seperatist movement of the Pro-illegla /pro open borders lobby. MALDEF,NALEO,GALEO,LATINO FORUM, COKE,GE ,State Farm and JOHN LEWIS are an Enemy to the citizens of the USA.
I heard that the county hired outside lawyers to defend Olens against King's petition. I am not confused on the meaning of the term Business License, or helping illegals set up shop in Cobb. I am not confused about my tax dollars going to defend Olens nonsense either. Chairman Olens should get out of this now...win or loose in court, he has already lost my vote.
"Enter your name" doesn't seem to be too brave..or too smart.
The Illegal Immigration issuse, is serious as we all know, for those of us who care and mean business. I wish i could help D. A King. I very much respect his position I am a ALIPAC ACTIVIST.
Every elected official is "sworn in" with an oath to uphold the law, whether or not they agree with the statute. Those who knowingly violate the law should be expelled from office for violating the oath. The Commission's resistance to the spirit of SB 529 is foolhardy and will result in a serious backlash if they persist.
What a great landmark win if King can overcome the money that will be spent to silence him. Everyone can see he is right, and that he has challenged the little fiefdom set up by Olens and his contributors. What we are seeing here is classic "them with the gold makes the rules". Olens rumored run for governor seems rather funny now that he has been exposed as the petty, arrogant and defensive lawbreaker. I wish I could find King to donate some of my money to him to help...I can never say the same for Olens if he continues this sad farce. Americans for King - Illegals and corporate money for Olens. Business as usual.