Posted on 05/05/2006 10:08:03 AM PDT by Rutles4Ever
Press conference at 1:45
Judge strikes California city's law against day laborers
By BOB EGELKO
San Francisco Chronicle
04-MAY-06
A Southern California city's ban on day laborers' soliciting work from passing drivers violates freedom of speech, a federal judge has ruled.
The law in Redondo Beach, southwest of Los Angeles, stifles laborers' constitutional right to ask for work, U.S. District Judge Consuelo Marshall of Los Angeles said in a ruling last week. She also said the ordinance was so broad that it could apply to children selling lemonade at a sidewalk stand or Girl Scouts selling cookies.
With the ban on seeking work from motorists, the city had no "adequate means by which the day laborers could solicit employment," Marshall said.
She said the city's argument that many day laborers were illegal immigrants, and thus not entitled to employment, was irrelevant because the constitutional guarantee of free speech is not limited by immigration status.
Labor and immigrant advocates praised the ruling Wednesday.
"Looking for work should not be a crime," said Pablo Alvarado, coordinator of the National Day Laborer Organizing Network, which was a plaintiff in the case. "We now have several judicial opinions agreeing, and we hope cities will refrain from engaging in further civil rights violations against day laborers."
But Redondo Beach City Attorney Michael Webb said the ordinance was copied almost word-for-word from an anti-solicitation law in Phoenix that the Ninth U.S. Circuit Court of Appeals upheld in 1986. He said he planned to appeal Marshall's ruling _ which found differences between the Redondo Beach and Phoenix laws _ to the Ninth Circuit, which oversees federal courts in nine Western states.
"This has been a problem for decades in Redondo, day laborers congregating and seeking employment," Webb said. He said the city had tried a variety of approaches, including strict enforcement of laws against blocking traffic and inviting federal agents to conduct immigration sweeps, before beginning a short-lived crackdown under its anti-soliciting ordinance in October 2004.
Marshall issued an injunction two months later halting enforcement while the suit was pending, an order that the Ninth Circuit upheld last May in a decision that did not address the constitutional issue. The appeals court could resolve that issue for the state and region, however, in a pending case involving a Glendale ordinance that another federal judge struck down in 2004.
The lawyer who challenged Redondo Beach's ordinance said a ban on labor solicitation in some areas of a city would be on stronger legal footing than a total ban.
But an ordinance that established a labor recruitment zone would still be unconstitutional "if they put it under a freeway where no one could possibly stop," said Robert Rubin, legal director of the Lawyers' Committee for Civil Rights in San Francisco, who argued the case before Marshall.
"No one is saying anybody, including day laborers, can go into the street and cause traffic problems," Rubin said. "They do have the right to free speech . . . in the same way that someone hailing a cab does."
The Redondo Beach ordinance makes it a crime to solicit work, business or contributions from a public street or sidewalk, or to hire a person who solicits work.
Marshall said the city had other ways of pursuing its legitimate goals of traffic safety and crime prevention, such as enforcing existing laws against obstructing traffic, parking illegally and loitering.
(Distributed by Scripps-McClatchy Western Service, http://www.shns.com.)
Marshall, Consuelo Bland
Haden seems like a prime candidate, certainly, but I've always believed in Goss. It's a niggling thing, this sudden "resignation.".
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http://macsmind.blogspot.com/
Mission Accomplished
No matter what you hear, Goss came, he saw, he conquered. This isn't a "staff change", it has nothing to do with Rove. It was understood when he came in what he was coming in for. He did what he came to do.
He swept, now others will collect the dust.
If the rogues thought Goss was a ball-buster, they haven't seen anything yet, as the CIA will most likely now come directly under the DNI, John Negroponte.
Let the fun begin.
UPDATE: Refence the DNI note above: Via The Corner's Katherine Lopez, quoting a Time magazine article:
"It's more than a bureaucratic battle. Ever since John Negroponte was appointed Director of National Intelligence a year ago and given the task of coordinating the nation's myriad spy agencies, he has been diluting the power and prestige of the best known of them all, the Central Intelligence Agency. From day one, he supplanted the CIA Director as the President's principal intelligence adviser, in charge of George W. Bush's daily briefing. Other changes followed, all originating in the law that created the DNI — and all traumatic for CIA fans. But now, in a little noticed move, Negroponte is signaling that he is moving still more responsibility from the CIA to his own office, including control over the analysis of terrorist groups and threats...."
Former Spook weighs in:
"What disturbs me about the Goss resignation is the possibility that internal battles may have worn down the director, and eventually convinced him to throw in the towel. It's no secret that Goss has been fighting pitched battles against staffers who oppose Bush Administration policies, and the new management team at the CIA. Goss recently fired CIA officer Mary McCarthy for unauthorized contacts with the press, and there are hints that other agency staffers may be implicated as well. But earlier this week, the CIA launched an investigation of the agency's #3 official--a Goss appointee--in connection with the bribery scandal that sent former Congressman Randy "Duke" Cunningham to federal prison. Given the timing--and announcement--of the inquiry, there was some belief that the probe was something of a "counter-attack" by agency's anti-administration cabal."
No doubt. Also, I have been told that this wasn't "spur of the moment", but in the works for a while. Again, Porter did what the came to do, he was never considered "long term". As to the indications of other firings and prosecutions, they are forth coming for both the working and retired.
UPDATE II: jpod at the Corner: "I doubt there's a big scandal here, if only because the president chose to appear with Goss to announce the resignation. If Goss were somehow implicated in matters relating to Duke Cunningham, say, there's no way on earth Bush would have made such a friendly show of his departure. Seems more likely to me that there was some kind of showdown between Goss and Negroponte and Negroponte said, "Either he goes or I go," and there Goss went."
Agreed. So calm down people.
PS: I failed to mention of the rifts between Goss and Negroponte - that's true, they didn't exchange Valentines, but it's NOT the reason.
UPDATE III: Via the comments, Tim Russert stated on NBC News that the agency had been looking over resumes for weeks. So much for "spur of the moment".
Another interesting theory although I can't get a confirmation on it, that Porter may be heading out to run for the Senate in Florida - thus bumping the resistant Katherine Harris. Florida's his home, makes sense, but again, he came in to do what he did and now that job is finished.
Won't stop some people from shaking the "Bush".....
UPDATE IV: Via Fox news quoting a source on the Senate Intelligence Committee:
"One senior Democratic aide on the Senate Intelligence Committee told FOX News that "there were rumblings" about his departure. Committee staffers were told that the director of national intelligence, John Negroponte, was "not happy" with Goss. Negroponte was named to his position in April of 2005 and took over some of Goss' duties, such as briefing the president every morning; Goss also no longer sat atop the 16 intelligence agencies.
When Bush nominated Goss to head the CIA in August 2004, the president said he would rely on the advice of the CIA officer-turned-politician on intelligence reform issues.
One source told FOX news that Goss was was reacting to Bush's desire to know who was going to leave, sooner rather than later, when he made his decision. This source said Goss wanted to retire three-and-a-half years ago but was convinced to run for Congress again, then convinced to take over at CIA. Some aren't reading into the resignation any more than that."
"...Let's face it, the November election is six months away, and Bush and the Republicans have their hands full and then some in order to avoid losing the House and having an impeachment inquiry starting next year. From here on out, partisan survival politics is going to consume pretty much everything in Washington."
The problem I would see is that if this is the case, it will cost the Republicans more of their base to know Bush is letting people like McCarthy and the WaPo off the hook.
I've heard "Negroponte" whispered a few times... the same guy that SAT on the Saddam docs for over 2 years and had to be told several times by Bush to release them.
I don't trust that guy...
so long as we all are speculating . . . wasn't Goss the guy who came out not long ago and said something to the effect there will be no military action in Iran. Maybe he found out we are going in and either doesn't want egg on his face or to be running the CIA when TSHTF
Therein lies much of our problems, besides the do-nothing members of Congress who could write laws in such a manner that these judges could not sweep away.
I think these hired gun analyst, expert, talking heads must be on call. And some of them like my favorite, Judge Napolitan, must live at the studio.
Basically, the green rooms are always full because the shows have to fill the screens 24/7, so they just have them jabber about a different topic from the one they thought they came to discuss. After all, the usual know-it-alls know it all about everything.
bttt
nearly choked while laughing....how true!
thanks
thanks for your Scooter news. John King on CNN will have a more detailed report on today's hearing later on Blitzer's show.
John Roberts CNN, says Porter Goss is long time friend of CIA # 3 official Dusty Fogy (sp), who is under investigation by FBI and CIA, and connected to the Duke Cunningham investigations that continue.
John Roberts starting the smear on Goss, huh?
Sorry...I hadn't realized you posted on the wrong thread.
We can get your blood boiling on the proper one! : )
Goss is acquainted with someone who is connected with an on-going investigation. For John Roberts, that enough reason to throw him out. I expect this will have little to do with Goss' real reason for leaving.
Former CIA McLaughlin on with Wolfie/CNN now ..
John Roberts mentioning Brent Wilkes and the other guy Mitchell Wade .. Wilkes was involved with the prostitutes, Dusty Foggo (CIA), poker games
McLaughlin: would emphasize the IG is pursuing, and will find the facts.
Speculating CIA Director was used to seeing POTUS in the am, so that was a change, but he hasn't spoken to Goss about that
coming up in the program:
news from Libby hearing today. (I can't find anything about it)
Meantime .. chasing the Dow = market is up 138 .. not that far from Dow highest .. last reached in 2000!!! But the economy is baaad.
I loved that bad movie, for some reason I was really touched by the storyline of the reporter and her parents.
Chick flick!
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