Printer Friendly
The Free Library
5,678,729 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

DAY-LABORER ORDINANCE IS STRUCK DOWN BY JUDGE.


Byline: Staff Wire Services

GLENDALE - A city law that barred day laborers from soliciting work from curbsides has been struck down by a federal judge.

A group of laborers represented by the Mexican American Mexican American
n.
A U.S. citizen or resident of Mexican descent.



Mexi·can-A·mer
 Legal Defense and Educational Fund had filed a lawsuit last year alleging the ban infringed on their constitutional rights, including the right to free speech.

In an 11-page judgment issued Monday, U.S. District Judge S. James Otero said the Glendale ordinance ``does not provide for ample channels for communicating solicitation,'' which he ruled violated the First and Fourteenth amendments.

Otero also said the ordinance was vague because it bars making solicitations from streets and curbs - which could be misinterpreted as meaning it is also illegal to solicit from sidewalks.

The judge concluded ``the vagueness of the ordinance is likely to chill permissible speech.''

The Glendale City Council has 30 days to determine whether to appeal. Council officials said late Tuesday that they were not yet familiar with the ruling and could not comment.

The city stopped enforcing the law in January when a U.S. District Cout judge granted a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
.

City officials have maintained that they have repeatedly tried to work with MALDEF MALDEF Mexican American Legal Defense and Education Fund , revising the city law in June to allow for solicitation on sidewalks and in private parking lots and dropping the $25 monthly fee that day laborers paid to use the city's Temporary Skilled Work Center.

The center, across from the San Fernando Road San Fernando Road is a major street in the city and county of Los Angeles. It starts off in Castaic as The Old Road, passing through Santa Clarita and the Newhall Pass, where upon its intersection with Sierra Highway near the junction of the Golden State (I-5) and the  Home Depot The Home Depot (NYSE: HD) is an American retailer of home improvement and construction products and services.

Headquartered in Vinings, just outside Atlanta in unincorporated Cobb County, Georgia, Home Depot employs more than 355,000 people and operates 2,164 big-box
 where the day laborers generally gather, offers shade, toilets, benches, a vending machine vending machine, coin-operated, automatic device for selling goods. Many vending machines are capable of making change, and some of the more sophisticated ones accept paper money or credit cards.  and a television. Assistant City Attorney Ann Maurier said Tuesday that her office disagrees with the ruling and the city is weighing whether to appeal.

``We think that his conclusions of law are incorrect,'' said Maurier. ``Our center has been open and operational for years, so to the extent that it's not a viable alternative we disagree with Verb 1. disagree with - not be very easily digestible; "Spicy food disagrees with some people"
hurt - give trouble or pain to; "This exercise will hurt your back"
 the court.''
COPYRIGHT 2005 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:Daily News (Los Angeles, CA)
Date:May 18, 2005
Words:318
Previous Article:PACTS STAYING WITH TRAINING CONTRACTORS MOLINA PROTESTS, NOTES AUDIT CRITICIZED SERVICE AGENCIES.(News)
Next Article:SCENES OF LIFE - AND SOUL - IN L.A.(News)



Related Articles
SUMMIT AIMS AT LABORER UNITY.(News)
DAY LABOR LAW LIKELY TO REMAIN INTACT ATTORNEY FOR AGOURA HILLS DOWNPLAYS COURT CHALLENGE.(News)
CITY REVIEWS ORDINANCE ENFORCEMENT OF DAY LABORER LAW HALTED.(News)
LABORERS SUE CITY OVER SOLICITATION OF JOBS PROHIBITION.(News)
GROUP AIMS TO AX LAW ON LABOR DAY WORKERS' FREE SPEECH BLOCKED?(News)
FEDERAL COURT REJECTS LIMITS ON DAY LABORERS.(News)
DECISION THAT STRUCK DOWN DAY-LABORER LAW IS APPEALED.(News)
MAKING A PLACE FOR WORKERS STORES WOULD BE FORCED TO SHELTER DAY LABORERS.(News)
DAY-WORKER CENTER EXPANDING GLENDALE CITY COUNCIL APPROVES $100,000 COST.(News)
It's not illegal to look for work.(immigrants)(Brief article)

Terms of use | Copyright © 2009 Farlex, Inc. | Feedback | For webmasters | Submit articles