Trump gets trumped by federal judges out west, and a new PODCAST– In Virginia, a judge protects a Filipino American’s rights
The man who should be called Twitter Trump, the current White House resident,
recently learned a lesson when he found out federal district judges are more
than “so-called judges.”
And those 9th Circuit appeals court judges, they’re no pushovers either.
They know an abuse of power when they see one, as they ruled 3-0 to uphold the
temporary restraining order by a Seattle federal judge that halted Trump’s
travel ban on people from seven majority Muslim nations.
Almost immediately, Trump tweeted, “SEE YOU IN COURT!”
But later, Trump (presumably after he recovered from his own personal power
failure) made the decision not to take the case to the U.S. Supreme Court.
When a business person used to seeing himself as omnipotent becomes more of a
public servant than CEO, the on-the-job-training period can be painful.
But Trump’s lesson on the federal judiciary was also a reminder for all of us.
Power is not absolute in a government of checks and balances.
Certainly, the lesson was not lost on Dr. Allan Bergano. A dentist from Virginia
Beach, Virginia, Bergano is a friend of mine through the Filipino American
National Historical Society (FANHS). Along with his wife, Edwina, he is cheering
loudly after they visited federal court last week.
In court, the Berganos got the Trump lesson, but from the perspective of the
little guy. Bergano learned the Isley Brothers were right. You can fight the
And when you’re right, the federal judiciary will back you up.
Such was the case for Bergano after an ordeal that began in July 2014 when the
building he leased for his longtime dental practice was affected by a road
widening in that city. Virginia Beach officials told him he could leave within a
year and settle for $75,000. Or he could try to get what other dentists got for
relocation benefits–anywhere from $280,000 to $550,000.
It took him a long while to find a suitable new location, but when he went to
Virginia Beach officials for relocation costs in Jan. 2015, the city gave him a
brochure with the words, “Eminent Domain.”
And then the city, facing a budget crunch, changed its mind and told Bergano he
didn’t have to leave after all.
By then, the city had changed the nature of the rest of his office complex,
moving out older business tenants and putting in social service offices whose
clientele created a different atmosphere for Bergano’s family dental practice.
And besides, he had put things in motion for the new location. He had spent time
and money. He couldn’t stay put.
Bergano challenged the city’s decision, but the city told him there was no
“They were saying I wasn’t displaced,” Bergano told me.
On top of it all, Bergano and his wife, Edwina, found themselves “homeless”
after a fire burned down their condo.
Bergano decided to fight city hall and got a lawyer. But fueling his ire was his
sense of history of how Filipinos on the west coast faced discrimination in the
1920s and ’30s.
Like me, Bergano is the son of an immigrant who came to the U.S. during that
time and suffered the indignities of voicelessness.
Bergano recalled how his father fought hard to get a college education in
America, but despite his education found himself taking houseboy jobs in the
That lesson of humility was not lost on Bergano, who also paid for ten years of
college and dental school education being an Alaskero, one of the Filipinos who
worked up in the canneries by Wards Cove. It helped Bergano to become the first
Filipino American to graduate from the University of Washington School of
It was that sense of history, Bergano told me, that provided him the “spiritual
momentum” to not give up in his fight with Virginia Beach.
Last Thursday, a federal judge recognized the wrong Bergano had experienced in
the eminent domain case.
In federal district court in Norfolk, Judge Henry Morgan, Jr. ruled that
Virginia Beach was in violation of Bergano’s constitutional rights to due
process and equal protection under the law, as well as Virginia’s relocation
Bergano will seek damages this week and hopes to recover his relocation costs,
as well as a written apology.
He’s elated at the outcome, but admitted to me in our podcast, Emil Guillermo’s
Amok Takeout, he was scared before testifying last week in federal court.
Emil Guillermo is an independent journalist/commentator. Updates at www.amok.com. Follow Emil on Twitter, and like his Facebook page. The views expressed in his blog do not necessarily represent AALDEF’s views or policies.