GORHAM – Fearing being sued, the Gorham Town Council voted 7-0 on Tuesday against a measure that would have denied general assistance benefits to illegal immigrants.

The Gorham vote was the result of a dispute between the Maine Department of Health and Human Services and the Maine Office of Attorney General over providing benefits to illegal immigrants in Maine.

In response to Health and Human Services’ order to end aid to illegal immigrants, the Maine Municipal Association recently filed a lawsuit against the state in seeking clarification about the issue.

Meanwhile, the Gorham council’s action maintains the status quo of providing general assistance to illegal immigrants, while waiting for a clear-cut direction from the state or courts.

“It’s not in my pay grade to make this decision,” Town Council Chairman Michael Phinney said.

A Gorham resident, Keith Lynds of 7 Preble St., questioned the proposal of denying benefits to illegal immigrants because someone could be illegal for reasons not understood now.

“I don’t know if we want to tie our hands” to not provide assistance in the future, Lynds said.

But Jim Means of Beatrice Drive favored the council’s agenda proposal to deny benefits.

“I don’t think our tax money should support someone here illegally,” Means said.

Then in a divided decision, Gorham councilors voted 4-3 (councilors Benjamin Hartwell, Suzanne Phillips and Shonn Moulton opposed) not to oppose the lawsuit filed against the state by the Maine Municipal Association, of which Gorham is a member.

Gorham Town Manager David Cole said the municipalities just want to obey the law. “We stand a high risk of being sued, if we deny them,” Cole said.

In other action, the council voted 7-0 against razing a barn at a house the town owns at 10 Preble St. in a downtown residential area to make way for a parking lot with 24 spaces.

With an eye on adding downtown parking, the town bought the property at 10 Preble St. in 2012. A recent village parking study recommended a parking plan at the site.

On Tuesday, Tim Allard of 16 Preble St. was one of several neighbors speaking out against the idea.

“It was only recommended for a parking lot because the town owned the land,” Allard said.

Alita Landry of 7 Preble St. said a parking lot would impact a residential neighborhood. “There is no pressing need for parking,” Landry said.

Town Councilor Matthew Robinson noted that he didn’t see any businesses at Tuesday’s meeting and also was concerned about replacing grass with pavement.

“When you take away green space it will never come back,” Robinson said.