Alaska's high court backs part of English-only law (fwd)

[phil cash cash]

Alaska's high court backs part of English-only law

By The Associated Press
11.06.07
http://www.firstamendmentcenter.org/news.aspx?id=19294

ANCHORAGE, Alaska — Alaska's highest court struck down a central provision
of a state law requiring only English to be used for all government
business.

However, the Alaska Supreme Court in an 89-page decision in Alaskans for a
Common Language v. Kritz Nov. 2 let much of the law stand.

Attorney Doug Pope said the ruling means that his clients in Togiak can
continue to conduct city council meetings largely in Yup'ik, the only
language some of them speak. And while public records must be in English,
versions in other languages also can be provided and maintained in the same
government files.

The English-only law was passed by voters through an initiative in 1998, but
has never been in effect. Togiak, the North Slope Borough, the Alaska Civil
Liberties Union and the Native American Rights Fund quickly challenged the
new law, and won an injunction that had kept it in limbo until the 4-1
decision Nov. 2.

The dissenter, Chief Justice Alex Bryner, said the entire law should have
been thrown out as violating the U.S. and Alaska constitutions.

Instead, the majority focused on two sentences in a provision defining the
scope of the law, the first of which reads: "The English language is the
language to be used by all public agencies in all government functions and
actions."

The court found that to be unconstitutional because it violates federal and
state rights of free speech.

But a second sentence, "The English language shall be used in the
preparation of all official public documents and records," could be kept as
long as it also allows documents to be offered in other languages, the court
said.

The state high court decided not to consider other sections of the law now,
but noted that the rest of the statute would have to be enforced narrowly
or other provisions also might be found unconstitutional.

Both sides claimed a measure of victory in the ruling.

Attorney Ken Jacobus, one of the original sponsors of the initiative, said,
"The whole idea was to get people to speak English because it benefits them,
not to prevent them from speaking their own language."

Pope called the ruling a clear victory for Togiak and the other plaintiffs.

"What [the court has] said ... is that the person speaking and listening
(during government business) [has] a right to speak in a language other
than English," he said. "That's a great victory for Natives and non-English
speakers."

Alaskans for a Common Language v. Kritz was taken to the Supreme Court by
Alaskans for a Common Language, the group that pushed the original
petition. Moses Kritz is a lifelong resident of Togiak.