Posted on 06/14/2010 9:57:27 AM PDT by gunsequalfreedom
The 9th Circuit on Wednesday upheld an ordinance allowing police in Redondo Beach to arrest day laborers who solicit work from people in cars, despite claims that the ordinance violates workers' rights to free speech and equal protection.
Comite de Jornaleros de Redondo Beach and the National Day Laborer Organizing Network had sued the city of Redondo Beach, Calif., claiming the ordinance violated the constitutional rights of job-seekers who congregated in parking lots.
The 9th Circuit's 2-1 ruling overturns a federal judge's ruling for the workers, who argued that the near 25-year-old ordinance unfairly targets a certain group and violates their constitutional rights.
The city said the ordinance complies with law and bans everyone from soliciting on sidewalks and medians to avoid interfering with traffic.
The majority's ruling, written by Circuit Judge Sandra Ikuta, relies heavily on a 1986 decision stemming from similar claims filed against Phoenix by the Association of Community Organizations for Reform Now (ACORN). Judge Ikuta held that Redondo Beach's ordinance is constitutional, like Phoenix's, because the activities it aims to restrict are broad, and the ordinance specifically addresses safety concerns.
The federal appeal court also noted that the ordinance isn't entirely restrictive, as nothing prevents workers from approaching people who are not in their cars.
In a dissenting opinion, Judge Kim McLane Wardlaw said the ordinance is "overbroad and thus violates well-established principles of our First Amendment jurisprudence."
"The ordinance is not a valid time, place, or manner restriction because it is not narrowly tailored to the significant governmental interests asserted by the city," Wardlaw wrote.
no different than looking for a hooker
See:
for information on Illegal Alien political hack Wardlaw.
http://en.wikipedia.org/wiki/Kim_McLane_Wardlaw
I disagree with this decision. The men are being arrested for asking for work - their illegal status is secondary in concern. Is it illegal now, in society, to ask for work? I thought that’s what conservatives did, advocated hard work. I worked day labor for awhile myself, otherwise I would have been homeless as a young man. I’m glad it wasn’t in Arizona.
Good for Redondo. It’s a lovely place and this will help keep it so.
However, I don’t trust that the “9th Circus” will rule the same on SB1070, when they get the chance.
This is more like an anti-vagrant law. I hope the day laborers move up to San Fran Weirdo.
Good news.
BUMP
You can look for work - just not where the law says it interferes with traffic.
That this happens to be the case with mostly illegals is ancillary.
Go look for work somewhere besides sidewalks and medians.
You ain’t from around here really, are you?
Redondo Beach is in California, not AZ. This is a California law.
The law does not make looking for work illegal - it makes congregating on sidewalks and street side, and approaching people in their vehicles on the roadways illegal. People looking for work can still congregate in parking lots and the like, just can't do it right on the side of, or in the street.
Unionized Illegal Immigrants?
Only if you are impeding traffic as I read it.
You do realize there are people who'd be happy to just run them down if there were no penalties. The only thing standing between your little gumbahs and death are these 9th Circuit judges.
“despite claims that the ordinance violates workers’ rights to free speech and equal protection. “
I guess the same logic could be applied to men and women offering sexual services to the public.
I disagree with this decision. The men are being arrested for asking for work - their illegal status is secondary in concern. Is it illegal now, in society, to ask for work? I thought that’s what conservatives did, advocated hard work. I worked day labor for awhile myself, otherwise I would have been homeless as a young man. I’m glad it wasn’t in Arizona.”
YES, SIR, IT IS NOT LEGAL TO ATTEMPT TO WORK IN THE USA IF YOU ARE NOT A PROPERLY QUALIFIED PERSON!!! SEE FORM I-9.
You do not indicate WHERE YOU live.
This is a big issue in California, Arizona, & other border states.
I lived in California from March 1964—when it was SAFE— until Dec 2004. That was almost 41 years.
ONE of the reasons I left my business, which I built myself, was the swarming that was happening to me at every stoplight on a city street or off ramp of a freeway.
I used to have one client who was about 2 miles from my house. I had to negeotiate 5 stoplights in that one way trip. I drove a small car- 1972 Honda. 6 to 8 of those illegals who were swarming me at the stoplight could have literally picked up that car with me in it & carried me off the street.
I was required to drive with all my windows rolled all the way up & all the doors locked even on the hottest days. I often had my large dog with me, and they didn’t care- still I got swarmed...and I mean SWARMED.
This legislation is definately a safety issue. They would enter the street- be in front of me, trying to stop my forward progress, alongside me & behind me. It was more than frightening.
ONE of the main reasons why I left over 18 clients of my bookkeeping business & went over 400 miles north was because of this swarming alone. I was making over $50,000 a year working for small businesses that didn’t need a full time bookkeeper.
Other Reasons:
I could no longer go to the grocery store after dark.
I could no longer go to a restaurant after dark unless I had a companion.
I had intruders on my property.
I had a person on my ROOF one night.
I had a person next to my bedroom window one night. The dog growled to wake me up & when I racked the 12 gauge shotgun- the footsteps were fast & furious.
The noise of the night time helicopters & the shots being fired less than a mile from my house at a “low income housing” block had to be drowned out with a fan running all night long. Sometimes that didn’t work.
“Staged accidents” were becoming the rage when I left.
Illegals would swoop in front of you & slam on the brakes. Since I was often hauling horses, that wasn’t any fun & it became a challenge to drive defensively enough every trip I made.
I now live in N Nevada & I don’t miss but one thing about California:
A wonderful place near Grass Valley where I used to ride/train my horses. Spenceville Wildlife Preserve.
National Day Laborer Organizing Network
Unionized Illegal Immigrants?””
Only the Liberals would not see anything wrong with this idea.
We need to deport or imprison ALL illegal aliens, including their anchor babies, seal/secure the border and SHOOT anyone who tries to re-enter illegally.
National Day Laborer Organizing Network
Unionized Illegal Immigrants?””
Wonder how CARD CHECK would handle this?
Is it illegal now, in society, to ask for work?
Only if you are impeding traffic as I read it.”
Find form I-9 & read it.
They are not supposed to be working if they are not qualified to properly fill out the I-9. Illegals are not supposed to be working here.
We have businesses that supply day labor here. The folks that want to work know just where to go to sign-up every day. The only ones that don’t try to get day labor work like this are the illegals that prowl the Home Depots and street corners.
Good, Redondo is a nice town. Glad they are doing something to keep it that way.
Ping!
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