Federal Judge Sides With Day Laborers (Ruling Closely Watched by Other Cities

CBS News ^ | 5-3-2006 | CBS News

[Leatherneck_MT]

"Bro, if they're standing on a street corner soliticing work (ie exercising 1st amendment rights), there's nothing one can do to determine if they are illegals in the first place absent probably cause."

Try shouting "La Migra" as you drive past and see if that premise still holds up.

If they aren't citizens then they are here illegally. Personally I'd rather see ICE show up and just park in front of them to see their reactions. That will tell you real quick whether or not they are here illegally.

If they are Citizens or have valid green cards, then they have nothing to worry about. IF they don't, then they should have alot to worry about and by default have NO Constitutional Rights.

[thinkthenpost]

"Um, OK if you say so. Jeez, get a clue - nothing trumps the Constitution - not federal/state laws and/or local ordinances."

I read many folks who state this, most often concerning the 2nd Amendment and while I am very progun, it just isn't true, the federal government as the Constitution was written is subordinate to the State governments, and in some cases even local governments, in MANY instances. The Constitution may be the supreme law of the land, but the First Amendment and most of the BOR was limited to the Federal Government and IMO the free speech clause was mostly about political speech. Pursuit of employment may, MAY be considered speech, but how does that trump local loitering, public intox and other applicable ordinances? I agree with others that the day laborers should have been picked up for violating an existing law. I think loitering in most cases would have been a good offense to concentrate on, rather than creating a new law, one that a judge can have the opportunity to overturn and create new rights.

[lemura]

loitering in most cases would have been a good offense

Exactly. In my town, there are no parking/stopping signs posted every 10 yards in an area where there are a lot of day laborers. They can solicit work all they want (to the extent that they aren't loitering); it's just that no one can stop to pick them up without getting a traffic ticket.

[HiJinx]

Ping!

"And we have to be able to stop people from running out in the street to solicit work."

Sounds to me alot like what NYC did to car window washers and Tucson did to newspaper hawkers. It's a public safety issue...!

[kstewskis]

One of the men arrested was Braulio Gonzalez, 50, of Guatemala. He said day laborers clapped in celebration when they were told of the judge's decision.

"This is a victory for day laborers," said Gonzalez, who has been soliciting work in Redondo Beach for 24 years. "The police shouldn't bother us now."

Good grief! You'd think after 24 years he'd be able to find a steady job??

No blatant paper trail here, nosiree!! Nice way to dodge the IRS.

[fantom]

The rest of the country thinks we exaggerate . Call us paranoid nativists. Wait until this crap is nationwide. Of course by then it's too late .

[Iscool]

This didn't involve Federal law...Why would a Federal judge have any jurisdiction here???

[Afronaut]

Maybe after American Idol is finished, Americans will rise up.

[TLI]

"This sends a strong message to municipalities that they can't eliminate the presence of day laborers in the street," said Pablo Alvarado,

Sorry Pab-low but that is in Calie. Hereabouts in Texas we have REAL property laws. Property owners say git, you GIT!

[mo]

"She needs to be impeached, removed. Being that her job is to interpret the laws, what laws did she interpret to come to this ruling? I doubt any, this stinks of arbitrary."....until We the People actually do exercise our obligations to our country, and go forth and impeach and remove her and those like her, we only gonna have a LOT more kvetching to do,

[getmeouttaPalmBeachCounty_FL]

I want to throw up.

[MissAmericanPie]

It's time to start ignoring Federal Judges.

[HiJinx]

Or get better ones on the bench.

[OKIEDOC]

No senor Braulio Gonzalez this was not a victory for day laborers.

It was one more nail in Americas coffin thanks to an over reaching judge.

[Razz Barry]

The ordinance violated the First Amendment right to free speech, U.S. District Judge Consuelo Marshall said in the strongly worded decision disclosed Tuesday by lawyers.

Everything seems to be covered under freedom of speech except speech.

[Regulator]

The judge actually invoked something irrelevant to the case. It's not a free speech case, it's a simple case of the regulation of business, which in no way is an a priori restraint on speech.

It's well established that state and municipal governments have the right to regulate how business is conducted. There is, of course, conservative objection to the scope and volume of such laws, but the existence of them is not in question.

Regulating the conduct of business with simple fundamentals like safety of the public (would you like to be a woman walking through a crowd of illegal aliens virtually all male?), orderly and efficient flow of traffic and people, and proper use of public facilities (the streets and sidewalks are not temporary office space for contract labor trying to minimise overhead costs) is not an issue of First Amendment rights, no matter how abstractly some dimwitted ideologue of the left (Consuelo the Judge) tries to characterize it. It's entirely permissible and is the reason city governments exist.

What you said about enforcing the immigration laws is true. But it doesn't negate the fact that cities have the right to make and enforce laws about the physical facts of how commerce is conducted. If not, then is a noise ordinance that restrains rock and roll bands from playing street parties at midnight in a suburban neighborhood somehow an abridgement of their rights?

[jackbenimble]

Excellent point! I hope they win on appeal.

Personally I think these cities should be dressing up undercover cops as day laborers and when employers fail to verify their social security card and pay them in cash they should be busting them for tax evasion. The government usually gets pretty upset at people who evade taxes and I think if a few businesses got raked through the coals that the hiring would stop and if the hiring stopped the day laborers would disappear.

[brytlea]

Perhaps if they would just show up and block traffic in front of her house, get drunk and urinate in HER yard.
susie

[Regulator]

they should be busting them for tax evasion

Without a doubt.

"Working under the table" used to be a big deal. Probably still is if you happen to be a citizen. But of course not if you happen to be a member of that class of people who are above the laws and must never be impeded, no matter what they do: illegal aliens.