Day Laborers Win Suit Challenging Local Ordinance

In an opinion released earlier this week, a federal judge permanently enjoined the City of Redondo Beach from enforcing an ordinance that barred day laborers from seeking work on sidewalks and other public areas within the City limits. The decision is the latest in a line of rulings affirming that such ordinances, and their use to target day laborers, violate protected First Amendment rights. In an opinion released yesterday, a federal judge permanently enjoined the City of Redondo Beach from enforcing an ordinance that barred day laborers from seeking work on sidewalks and other public areas within the City limits. The decision is the latest in a line of rulings affirming that such ordinances, and their use to target day laborers, violate protected First Amendment rights. The ordinance makes it unlawful to stand on the sidewalk and solicit “employment, business, or contributions from an occupant of any motor vehicle.” Two day laborer organizations, including the National Day Laborer Organizing Network (“NDLON”), challenged the ordinance as violating the free speech rights of their worker members. “This victory is shared by the tens of thousands of day laborers across the country who have always known that their hard work should be rewarded and not criminalized by the communities they serve,” said Pablo Alvarado, National Coordinator of the National Day Laborer Organizing Network. “Our position has always been ethically and morally clear: looking for work should not be a crime. We now have several judicial opinions agreeing, and we hope cities will refrain from engaging in further civil rights violations against day laborers.” In her 29-page order, Judge Consuelo Marshall rejected the city’s argument that its ordinance was simply a valid “time, place and manner” restriction on sidewalk activity. The court found that the ordinance was overbroad in various ways, noting that it would technically apply to “Girl Scouts selling cookies on the sidewalk.” Lead counsel Robert Rubin, with the Lawyers’ Committee, argued the case before Judge Marshall in December 2005. Rubin stated, “This decision is full vindication for day laborers who simply seek to fill jobs from employers in need of workers. We can now only hope that the Congress will accord similar respect and dignity to these workers, as it deliberates over a legalization plan as part of its comprehensive immigration reform package. John Trasviña, Interim President and General Counsel of MALDEF commented on the opinion saying, “Judge Marshall’s decision is a victory for free speech advocates across the country. We hope that this ruling will put other municipalities on notice that such ordinances and their use to target day laborers seeking employment violate the First Amendment.” NDLON is being represented by the Lawyers’ Committee for Civil Rights in San Francisco and MALDEF.

KJ