Posted on 05/17/2005 9:25:10 PM PDT by NormsRevenge
GLENDALE, Calif. - A federal judge struck down a city law that bars day laborers from soliciting work at curbsides, an advocacy group said Tuesday.
The Mexican American Legal Defense and Educational Fund sued the city last year on behalf of a group of laborers on claims that the ban violated their constitutional rights.
U.S. District Judge S. James Otero agreed, ruling Monday that the ban currently against solicitation from streets and curbs could be misinterpreted as also a ban from sidewalks.
"The vagueness of the ordinance is likely to chill permissible speech," he wrote in an 11-page judgment.
Glendale Assistant City Attorney Ann Maurer said the city is deciding whether to appeal Otero's ruling.
"We disagree with his conclusions and his analysis," she said.
A federal appeals panel last week upheld a court order barring enforcement of a similar ordinance in Redondo Beach. MALDEF attorneys claimed that city used its law to execute a sting operation in which 150 day laborers were arrested and held for as long as 24 hours.
"It is difficult to see how any city can justify continuing to spend public dollars to defend a law with such an abysmal record in legal challenges," Thomas Saenz, vice president of litigation for MALDEF, said in a statement following the appellate ruling.
So, how about private funding a project to capture and WEBCAST all licenses, vehicles, transactions occurring in this Citizen Free Speech Zone?
I'd chip in.
U.S. District Judge S. James Otero
Deukmejian appointee to municipal court
GB2 appointee to District Judgeship with Boxer and DiFis approval.
Chew on this one re: the Judge
---
Posted on Thu, Oct. 21, 2004
Judge Dismisses L.A. County Seal Lawsuit
http://www.montereyherald.com/mld/tallahassee/9978720.htm?template=contentModules/printstory.jsp
Associated Press
LOS ANGELES - A judge dismissed a lawsuit that tried to stop Los Angeles County from removing a cross on the county's official seal.
The county employee who sued, Ernesto Vasquez, argued the change was a First Amendment violation that would send the message Christians are not full members of Los Angeles County. He also argued the cross was a historic and cultural symbol without a religious message.
But those arguments are contradictory, said U.S. District Judge S. James Otero in dismissing the lawsuit Tuesday.
"According to the plaintiff, the cross only represents the historic 'influence of the church and the mission of California,'" Otero wrote. "Yet plaintiff maintains L.A. County is conveying a message of hostility to religious groups by removing the symbol from the seal."
The County Board of Supervisors decided in September to change the seal in order to avoid a lawsuit by the American Civil Liberties Union, which claimed the cross was an unconstitutional government endorsement of Christianity.
The cross removal is among several changes to the seal that will be phased in over the next 10 years. Among other switches, the pagan goddess Pomona image at its center will be replaced by an image of an Indian woman.
An effort is under way to overturn the board decision by voter referendum. If the group gathers more than 431,000 signatures, county residents could vote on the cross removal in March.
what a sad sack
Illegal is now legal, and legal is illegal.
Which laws do I have to obey, and which laws can I ignore, the way illegal aliens can?
Judge has a point. Looks like lawmakers were lazy in properly crafting this bill. They should learn from how Jeb adjusted legislation to ensure victory after being stymied by the courts.
The judge and the ACLU would like that.
The Tyranny of the Judges continues. They have insinuated themselves into every aspect of our lives and into every operation of the government. From the forest service to the city council, no one can make a move without direction and approval from the bench. They can sentence the innocent to death and let the guilty go free. All hail the Judges in their Sacred Majesty!
They are our government and sadly they answer to no one.
The truth is worth repeating.
The city of Glendale can still try to reduce the number of day laborers soliciting work at curbsides by having law enforcement people enforce all laws with frequent patrols, including checking for legal presence in this country.
ping
Protect our borders and coastlines from all foreign invaders!
Be Ever Vigilant!
Minutemen Patriots ~ Bump!
Ok, lemme get this straight. The city taxpayers paid for all the legislation to get the law passed. The taxpayers paid for the LE to arrest the illegals. The taxpayers paid the jail for the illegals' overnight stay, bath, bed, and meals. The taxpayers paid for all legal expenses. And then the city released them back out into the community.
Yup, Good Ol' Jeb, the Schindler family's favorite tough guy, is a real role model for going after the judiciary when it gets out of control.
Yup, you bet. Vote Jebbie, he's our man.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.