WB One Strike Ruled unconstitutional

((nick)) the city of wilkes-barre has been dealt a legal blow in its attempt to crack down on troublesome tenants.

A federal court judge ruled the city's one- strike ordinance is unconstitutional.

Eyewitness news reporter mark hiller takes a look at why the law was struck down and what's next for the diamond city.

((mark hiller reports))(sound of notice being taped to door) from the moment wilkes-barre's one strike ordinance passed in 2013, civil rights attorney barry dyller had his reservations.(atty.

Barry dyller -- civil rights lawyer) "the ordinance from the beginning was a terrible ordinance."it would evict a person renting a wilkes-barre apartment for six months if that person was arrested for a drug or weapons crime even once while living there.

Also, the landlord was forbidden from renting the tenant's apartment for the same six month period.

King's college junior hayleigh hanson who rents a city apartment believes that's unjust.

(hayleigh hanson -- rents apartment in wilkes-barre)"i think more the person that did it should be punished than the landlord because they wouldn't have known in the first place."

A federal court ruling this month sided with an american civil liberties union challenge -- what wilkes-barre did violated the rights of both the landlord and tenant.

(atty.

Barry dyller -- civil rights lawyer)"it just punished people who would have no fault, no knowledge of any wrongdoing and punish them and without giving them any due process rights."(mark hiller -- eyewitness news)"atty.

Dyller says early during the enforcement of the ordinance he was approached by some landlords claiming their civil rights were being violated.

He was prepared to go forward with the case until the aclu took it over."wilkes-barre mayor tony george was a city councilman when the ordinance came up for vote.(mayor tony george -- (d) wilkes-barre) "when it was being passed, i questioned the whole ordinance but it passed anyway."since becoming mayor this year, his administration refused to enforce the one strike ordinance while it was being challenged.

He says it doesn't mean the city isn't getting tough with troublesome tenants or landlords.(mayor tony george -- (d) wilkes-barre) "the only way we can do it is inspect the properties, view the police reports and make sure they're upholding the law."in wilkes-barre, mark hiller, eyewitness news.

((nick)) the proposed settlement has the city of wilkes-barre paying 100- thousand dollars to five combined landlords and tenants who challenged the ordinance.