Ruling Likely Kills Bans on Day Laborers Seeking Work on Streets of Costa Mesa and Mission Viejo

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Laws in Costa Mesa and Mission Viejo that ban day laborers from standing on public sidewalks to seek work from passing motorists are in jeopardy following a federal appeals court ruling.

When the U.S. Ninth Circuit Court of Appeals decided 9-2 Friday to affirm a district court's previous ruling that the city of Redondo Beach's anti-solicitation ordinance is a "facially unconstitutional restriction on speech," it likely ended bans enacted in about 50 other California cities.

That includes the ones passed in Mission Viejo in 2007 and Costa Mesa two years later. Lake Forest had imposed a ban that was lifted after the Mexican American Legal Defense and Educational Fund (MALDEF) worked out a settlement with the Orange County Sheriff's Department, which patrols the city, to end a threatened lawsuit.

"This ruling should serve as a warning to other cities that seek to harass or arrest day laborers who are just trying to provide for their families," reacted Lateefah Simon, executive director of the MALDEF Lawyers' Committee.

In February 2010, representatives of MALDEF, the ACLU and the National Day Laborer Organizing Network (NDLON) appeared with dozens of noisy protesters on the lawn in front of Costa Mesa City Hall to announce a lawsuit against that city's anti-solicitation ordinance.


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Photo by Matt Coker/OC Weekly
MALDEF's Thomas A. Saenz and NDLON's Pablo Alvaradio outside Costa Mesa City Hall in February 2010.
Comité de Jornaleros de Redondo Beach v. City of Redondo Beach was originally filed by MALDEF in 2004. Redondo Beach modeled its ordinance after enforcement in Phoenix, Arizona, that prevented members of the political action group ACORN from soliciting donations from passing motorists. Friday's appellate ruling also strikes down the Phoenix law.

Thomas A. Saenz, MALDEF's president and general counsel who argued the case before the 11-judge federal appeals panel on March 21, said Friday, "Today's en banc Ninth Circuit opinion resoundingly vindicates the First Amendment rights of day laborers throughout the western United States."

He continued: "The dozens of similar ordinances throughout the region that purport to prevent day laborers from speaking on sidewalks are now even more plainly violative of the Constitution. Each municipality with such an ordinance should immediately suspend and repeal its law. The longstanding principle that the right of free speech belongs to everyone has been significantly bolstered by this decision."

Pablo Alvarado, NDLON's executive director, also applauded the decision as "an outcome of a struggle in the courts and in the streets that began in the early nineties."

"The ordinances were intended to render day laborers invisible; but the struggle against these ordinances has made day laborers more visible, more powerful," Alvarado vowed. "For the past two decades, the ordinances have stigmatized day laborers as criminals--now they are civil rights leaders. So this victory is not just for them; it is for every American-a victory achieved by humble people for everyone."
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41 comments
Chris
Chris

So let me get this straight. I was born here, moved to Canada, had Canadian Citizenship, had to reapply for my U.S. citizenship to be reinstated before I moved back here. Did all the right things by the book. These people who cross the border illegally, pay up to 15k to a mule to get there here.. and when people abide by the law try to enforce the law, they get told its not enforceable because its unconstitutional?I'm sorry, I live in Lake Forest, Mission Viejo, Laguna Hills, Aliso Viejo area.. and I will not tolerate these people for one more second. I did not bust my ass to abide by the rules to have people make a mockery of what I had to work so hard for.Poster early in this thread asked wheres your sympathy?I have no doubt that these people are hard working and want to provide for their families..butIt went out the door the minute they broke the law. They wouldn't have to stand in parking lots or street corners like prostitutes if they would have abided by the law and come here legally, got an education to better themselves, and have people respect them and maybe speak a little english enough to understand what they are saying. Instead they syphon off hard working legal citizens tax dollars in the form of social services and now free education due to Jerry Brown and his ass backwards politics.Vote every one of these politicians out of office who decide that people who are here illegally have more rights than you. The law is the law. Until it changes, its the law. Now here is the number to our counties ICE, 

Los Angeles Field OfficeArea of Responsibility: Los Angeles Metropolitan Area (Counties of Los Angeles, Orange, Riverside, San Bernardino), and Central Coast (Counties of Ventura, Santa Barbara and San Luis Obispo)300 North Los Angeles St., Room 7631ALos Angeles, CA 90012Phone: (213) 830-7911

El Guesto
El Guesto

90% or MORE of Day Laborers are ILLEGAL ALIENS.  They're in this country ILLEGALLY and it's ILLEGAL to hire them - why is our government supporting these criminals?

fretsward
fretsward

What? No mention of the gay, anchor baby and Mexican loyalist Anthony Romero, ACLU Director? The 9th Circuit Court of Neville Camberlains, MALDEF "judge shopping" around the country to file Amicus Briefs while attempting to stop states from being able to enforce our immigration laws and rid themselves of the illegal alien menace plaquing their cities, the Mexican government, the Mexican consulates, and imposters with fake United States citizenship who think nothing but "Mexico first," have become a very serious enemy for all of us.

Sorry Pablo, this victory was not for Americans, but for parasites who suffer from entitlement disease, and reconquista fever.

Illegal aliens have First Amendment right? What rights do Americans have in Mexico? This ruling is as legitimate as owning property on the Moon, or illegal aliens running across the border in record numbers (1441 per hour), giving birth to multiple children and then claiming they are in fact, Americans while insisting they speak only Spanish. No, the border did not cross them. They actually did cross our border. Just look around.

This is what we've come to expect from those who are indoctrinated with hatred for this country through the racist Mexican Studies and revisionist, resentment curriculum. They are the quintessential lawless, corrupt, and duplicitous demographic. Their liberal wingmen, and the seditious La Raza contumacious mindset, much indisposed to stir resentment around the country will eventually force a fed up American public who they seem to ignore.

Even the criminal California State Senate is filled to the rafters with Mexican loyalists and subversive scam artists who fraud the U.S. Fourteenth Amendent as have the generations before them. They are not Americans, and will never be in the true sense. They have lowered the standard for American citizenship to the level just above pond scum. No, work is not a human right.

It's now akin to getting a library card. And while we're at it, let's remain citizens of Mexico. Americans of all races have expressed their disapproval for the constant tsunami of illegal aliens pouring across our borders, and the never-ending amnesty and DREAM Act scams rights to be here illegally, and driver's licenses pushed by racistists who have the mindset that if enough of them can get here, they can in fact take over.

Through their own interpretation and lust for deception, AINOs (Americans in name only, i.e., "anchor babies") believe that Mexican illegal aliens and their children should have the identical rights and privileges as the citizens whom the Fourteenth Amendment was written into the Constitution -- which confers citizenship through naturalization or by birth to persons “subject to the jurisdiction” of the United States. One might say this criminal enterprise has become standard-issue for people predisposed to lawlessness. The 1866 Congress confirmed that two citizenship clauses -- one in the 14th Amendment, and another in the 1866 Civil Rights Act -- were intended to have the identical meaning and effect.The vast majority of Hispanics currently in this country (82 percent) are of Mexican origin. Thirty-nine percent of the population of Mexico now lives majority illegally in the United States, and one out of every three heads our direction. Many more would like to come, and with the revisionist history, reconquista mindset, nearly all who can eventually will.

Ninety-three percent of working age people in the United States have trouble reading street signs, their own language, let alone reading and filling out job applications in English. In the nation as a whole, ninety-six percent of fourth-grade students are classified as “English Language Learners."

The first thing that must be understood by the "No Habla Ingles" mob, is that Americans are vehemently against any form of amnesty, in-state tuition, birth fraud, driver's licenses, and the idiotic suggestion of "reform" for their sole advantage, and "a pathway to unearned citizenship for millions upon millions of illegal aliens.

How can we honestly stand by and watch 40 to 60 million illegal aliens flood our cities and systematically destroy our standard of living as would a ravaging swarm of locusts? There are more illegal aliens here than all of the legal immigrants who came through Ellis Island during the last 400 years. Illegal immigration at these numbers are destroying this country, its culture, its language, and its identity. How much longer do we have to listen to that giant sucking sound that has become Mexico's second highest source of revenue after oil exports?

How much longer do we have to fund their citizens living in this country? How much longer are we going to let them insist they have identical rights in this country as do citizens? How much longer are we going to put up with the crime, stolen identities, forged documents, hospital closings, reduced wage structures, education costs, incarceration costs, property damage, protesting en mass in our streets, demands for citizenship, Mexican racist studies in our schools, Mexican consulates popping up like 7-11s, pressing "1" for English, Spanish being spoken loudly everywhere, claims this country was stolen from Mexico, Spanish language printed on everything, hundreds of billions of dollars for social services, welfare, WIC, Section 8 Housing, and the constant meddling from the the government of Mexico, and its people born here who maintain allegiance to it first and foremost?

Jone_e
Jone_e

Every spot where illegal day laborers hang out is always riddled with empty bottles and trash. AT least clean up after yourselves if you are going to hibernate at a corner all day.

The Refried Mexican
The Refried Mexican

Those criticizing the ruling, where's the sympathy? What's wrong with wanting to find work and provide for your family. So there's men loitering by the Home Depot. So what! You all act like their inside your living room, in your backyard, on your toilet taking a mierda (shit). This the United Immigrant States of Amerikkka

EJ Elm
EJ Elm

Mission Viejo does not have a sidewalk non-solicitation ordinance. Where did you get that info?

Dweezle.Di
Dweezle.Di

Umm sorry to have to ask Matt, How many States are there in California?

"When the U.S. Ninth Circuit Court of Appeals decided 9-2 Friday to affirm a district court's previous ruling that the city of Redondo Beach's anti-solicitation ordinance is a "facially unconstitutional restriction on speech," it likely ended bans enacted in about 50 other California states."

Suestorm4565
Suestorm4565

I guess I don't understand how it is free speech if the intent is an action that breaks the law.  If you are on the street trying to solicit work with the intention of doing work and not reporting the income, isn't that against the law?  And isn't it a double whammy if you are soliciting work as an illegal immigrant?  

If someone is on the street soliciting work who fully intends to report it as a contractor and pay taxes, then no problem. But the issue here is that we can safely say most if not all of these people will not be doing that, and I think we can safely say *most* of these people have already broken laws by being in this country illegally.  Mitch has a point.  I have also been an independent contractor, and I reported all my income.  Let me tell you, if I hadn't, the IRS would be on me like white on rice. Why should anyone else get different treatment?

Marial
Marial

When do citizens of other countries get U.S. citizens rights?

Di
Di

Mexicans are hard working people and they dont stand around just asking for money but for work with honor. NOt with signs asking for money and all but actually are willing to work for it and hard for it.

Panda5811
Panda5811

No shock there would be prejudicial comments on this story. Mexicans are not the only day laborers. Illegals are not the only day laborers. Why punish the person looking for work and not the person hiring them? Is it because the person hiring them is not always Mexican?

mitch young
mitch young

Great, yet another sign of the third-worldification of the US of A. It's hilarious that the ethnically-orientally Saenz works for an organization billing itself the  'A'CLU.

I wonder if this has been to SCOTUS yet -- the Ninth Circuit is the most overturned circuit of them all -- this could be yet another overturned ruling.

bigriggs
bigriggs

When will the pandering to all these illegals stop?

mexicans es muy stupido
mexicans es muy stupido

congratulations mexicans, you are now free to stand on the sidewalk and beg for work... viva la raza!! lol

bigriggs
bigriggs

Why should I have sympathy for people that break laws every day and have the nerve to bitch about it?

fretsward
fretsward

I believe he meant the 50 Mexifornia states of California...

fretsward
fretsward

They work no harder than any American worker. People seem to forget that these guys are converting their currency to Pesos. If they make $50 on a job for example, they have made the equivalent of $700 in Pesos (about a week's wage in Mexico). Do the math.Of course the appearance is they are working hard. You would as well if you could get 14 times each dollar...

bigriggs
bigriggs

So what? The vast majority of my legal citizen American friends work hard. If they are illegal they need to be sent home.

mitch young
mitch young

They aren't paying payroll or income tax. They bright their women up here, pop out 3 kids, and we have to pay for it. By all means, go after the contractors too, but these guys need to be (in the vast majority of cases) deported.

Tell you what, you try opening up one of those mobile espresso carts on a city sidewalk, or even selling cokes out of a cooler. The city will come down on you like a brick balloon, and MALDEF and the 'A'CLU won't be there to protect you.

Di
Di

*but work for it with honor..

fretsward
fretsward

Just venture into a gated community and hang out all day and you'll get your answer -- actually, rather quickly. Mexicans are not the only day laborers? They're not the only illegal aliens either, but they outnumber the second-place demographic by 460-to-1.

Jone_e
Jone_e

Because 99% of day laborers are illegal tax evasive Mexicans that send the money back the Mexico that has a larger burden on our economy. But you wouldn't understand it because you like others think that America should share it's wealth with other breeding nations that don't give back.

Ihateusc
Ihateusc

yeah, right, all those dangs swedish people peeing at the home depot!! do u think before you type or does your brain go on  autopilot due to too much drugs?

mitch young
mitch young

Both should be dealt with--all are breaking the law. Let me tell you, as a freelance contractor I have to report income -- but I seriously doubt these guys are.  And  why isn't if this issue doesn't mostly affect Mexicans that MALDEF is involved? 

Di
Di

Agree

El Cabron
El Cabron

Only green-goes BEG for money.....Mexicans on the other hand WORK for their money, even if it means selling roses, oranges, apples, etc....we WORK for our money.  That's why you NEVER see a Mexican asking for money on freeway on/off ramps or street corners....

Felipe
Felipe

This is a lot better than those gringos standing on streets begging with signs that say, "Will Work for Food."

Marial
Marial

I know what makes sense is rambling to an idiot like you...

El guesto
El guesto

 Typical criminal supporting "Viva la Raza" Arellano

fretsward
fretsward

There's no honor amongst thieves, or parasites for that matter...

El Cabron
El Cabron

I'm pretty sure you only report "traceable" income like checks, money orders and the sort….most contractors that I've dealt with (even the reputable licensed ones) give me "discounts", "fee waivers", and other incentinves to pay them in cash…..hmm, why would they do this? Could it be because they choose NOT to report this as income?? EVERYONE knows this is why they do it….

mitch young
mitch young

" if this issue doesn't mostly affect Mexicans why is MALDEF is involved?"

just sayin'
just sayin'

I've been all over Mexico, a couple of times, and I've seen hundreds of mothers with small children and babies, sitting at all the tourist spots...BEGGING with their hands out.  Their kids too. 

fretsward
fretsward

Nice attempt at imposing your childish chauvanism and stupefying logic on us. No thanks, we don't like those green eggs and ham, or foolish adolescent drivel. People are upset about the tsunami of illegal aliens pouring into our country at 35,000 per day. The numbers are staggering. Yours is an ignorant assertion and demonstrates a profound lack of critical thinking, and even basic economics. You don't have to beg because American taxpayers are subsidizing this invasion and Mexico to the tune of hundreds of billions of dollars each year, such as:Federal Expenditures Illegal Aliens

Title I Program $2,332,900,000 Migrant Education program $1,236,900,000 Title III Program $3,538,000,000 Education Subtotal $8,107,800,000 Emergency Medical Care $11,250,000,000 Fraudulent Use of Medicad $12,235,000,000 Medicaid Cost of Childbirth $12,238,100,000 Medicaid for Children $10,626,800,000 Other Medical Outlays $7,600,000,000 Medical General $11,949,900,000 SCAAP Compensation $3,330,000,000 Federal Incarceration $2,678,400,000 Byrne Grants $3,024,300,000 Detention and Removal $3,545,000,000 Project Safe Neighborhoods $3,039,500,000 Residual ICE Functions $3,824,000,000 Exec.Office of Imm.Review $1,0222,500,000 Southwest Border Prosecution $3,033,000,000 National Guard $1,0642,000,000 Coast Guard $1,500,000,000 Justice Subtotal $8,838,700,000 Free and Red. Meal Program $3,264,600,000 Temp. Assist. Needy Families $5,030,000,000 Housing Assistance Programs $6,787,000,000Child Care & Dev. Fund $6,633,000,000Welfare $69,184,400,000SUB TOTAL $202,795,400,000State/Local Expenditures Illegal AliensEducation 71,397,100,000Medical 61,823,500,000Justice 19,687,200,000Welfare 106,484,900,000General 20,817,900,000TOTAL $220,211,000,000

GROSS TOTAL $423,060,400,000

Federal Taxes Collected from Illegal Aliens  $8,456,600,000State and Local Taxes Collected from Illegal Aliens - $3,955,200,000

NET TOTAL $410,648,600,000

US TAXPAYER FUNDS FEEDING MEXICO (They meddle in our affairs while having their hand out)

Merida Initiative $1,600,000,000Thirteen Bell 412 EP helicopters (5 with INCLE funds for the Federal Police and 8 with FMF funds for the military). $123,500,000Eight UH-60 Black Hawk transport helicopters (three with INCLE funds for the Federal Police and 5 with FMF funds for the Mexican Air Force). $64,000,000Four CASA CN-235 transport aircraft. $80,000,000Counterterrorism $15,000,000Combating Weapons of Mass Destruction (WMD) $30,900,000Stabilization Operations and Security Sector Reform $15,989,000Counter-Narcotics $249,000,000Transnational Crime $100,000,000HIV/AIDS $29,200,000Tuberculosis $101,258,000 Funding Mexican Trucking Carriers to US Safety Standards to Enable Access to US Hwys $2,000,000,000 (Est.)

With the road fatalities projected, this gives an entirely different meaning to the phrase "shovel ready."

People are having to resort to begging because people like you are showing us your scorched-Earth policies in real time...

mitch young
mitch young

Except when you go to México -- well, they don't have freeways and off ramps, but you know what I mean.

mitch young
mitch young

Doesn't make it right, and hurts the common good, just like illegals do.

And unfortunately my business is 100% traceable -- but I have been known to keep every goddam Staples receipt and deduct them as business expenses.

mitch young
mitch young

Oh, btw, in my area the bums all seem to get by via recycling, which they actually work pretty hard at. Then again, South OC ain't Seattle or even Santa Barbara

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