ESCONDIDO - In their first move to overturn Escondido's recently passed ban on renting to illegal immigrants, a coalition of civil rights groups have asked the city to repeal the law, or at least put off enforcement until a court can decide its constitutionality.

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The law imposes penalties on landlords who rent property to illegal immigrants and is set to take effect on Nov. 18, one month after a City Council majority adopted the measure.

David Blair-Loy, legal director for the ACLU of San Diego and Imperial counties, said Monday the groups have a small window to work out a deal with the city before they decide to take legal action to block the ordinance before it goes into effect.

"In all honesty, we don't expect (Escondido) to hold off on enforcing the ordinance and don't expect them to repeal it," Blair-Loy said, adding that the city has known of the impending legal challenges since before the measure was approved. "But we wanted to give them one last opportunity to put down the guns and come out quietly, so to speak."

The ACLU has filed complaints and restraining orders against other cities that have adopted similar ordinances, including Hazleton, Penn., which this summer became the first city to pass its own law combatting illegal immigration. That city's law is set to take effect this week.

Escondido City Attorney Jeffrey Epp could not be reached for comment Monday.

City Manager Clay Phillips said he was aware of the letter but had not yet reviewed it. He also said the council is scheduled to meet with law firms in closed session Wednesday in order to discuss legal strategies and decide who might represent Escondido in the event of a lawsuit.

"Any response (to the ACLU) is a little premature right now," Phillips said. "We want to make sure to consult our experts before we formulate our response."

A spokesman with the Federation for American Immigration Reform, better known as FAIR, said recently that the Washington, D.C.-based organization aimed at restricting immigration has spoken with Escondido city officials about joining a legal defense team.

The ACLU's letter, which is also signed by the Mexican American Legal Defense and Education Fund, the liberal People for the American Way and the Fair Housing Council of San Diego, as well as two private law firms, spells out six legal points the groups say make Escondido's law unconstitutional.

Among those points, the groups contend that the ordinance is preempted by federal and state laws concerning immigration and housing, and that it denies due process to tenants and landlords. They also say the ban amounts to a violation of the city's constitutional requirement to provide equal protection under the law.

Under the city's rental ban, landlords found to be renting to illegal immigrants would have 10 business days to remove the tenants, or face penalties ranging from suspension of their business licenses to fines of up to $1,000 a day and six months in jail.

Enforcement would be based on written complaints submitted to the city, and tenants' immigration documents would need to be verified by the federal government, according to the ordinance. The measure states that complaints based primarily on race, ethnicity and national origin would be dismissed.

Among its chief legal concerns spelled out in the letter, the coalition contends the Escondido measure conflicts with the federal government's sole authority to enact and enforce immigration law.

"Logically, the threshold issue is that they have no right to do this at all," Blair-Loy said. "It's out of bounds."

Blair-Loy added that, as written, the law would also violate the right to due process for tenants, who have no way to contest their evictions, and for landlords, who stand to have their businesses penalized without a chance for a fair hearing.

"We think it's a violation to take away someone's business license and income before you have a fair hearing," Blair-Loy said. "(Under state law) you can even appeal a decision before they take away your driver's license."

Even though the law prohibits complaints based on ethnicity, Kristina Campbell, an attorney with the Mexican American legal fund, said she believes the ordinance will lead to discrimination against Latinos living in apartments or applying for a lease.

"Our position would be that people are going to be identifying Latinos (as violators) whether or not they have any basis," Campbell said.

The ACLU letter also listed two San Diego-based private law firms involved with the pending legal challenge -- Cooley Godward Kronish LLP and Rosner & Mansfield LLP.

Attorney Alan Mansfield said the city's rental ban places landlords found to be renting to illegal immigrants in a no-win situation. They must either violate state law by evicting someone without going through the proper legal channels, he said, or continue to violate the city's rental ban and face penalties.

"Irrespective of your position on the merits of the issue," Mansfield said, "you cannot comply with the (Escondido) law and comply with the California Constitution."

One of the attorneys at Rosner, Virginia Calderon, currently serves as president of the La Raza Lawyers Association of San Diego.

Until recently, Calderon was also the principal plaintiff in a lawsuit the ACLU filed against Vista's ordinance requiring individuals to register with the city before contracting day laborers. She has since moved out of the city and is no longer involved with the case.

- Contact staff writer David Fried at (760) 740-5416 or dfried@nctimes.com.