Appeals Court Says It's OK To Ban Day Laborers From Soliciting Work!!

[Obama 2012 1,714]

Is hell freezing over??

Even the most liberal court in the country is supporting these type of laws! Holy #######!

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http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2010%2F06%2F09%2FBAS81DSOQE.DTL&tsp=1

(06-09) 17:30 PDT SAN FRANCISCO -- Cities can prohibit day laborers from soliciting work from passing drivers, a federal appeals court ruled Wednesday.

In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco said an ordinance in Redondo Beach (Los Angeles County) prohibiting anyone on a street or sidewalk from seeking work from motorists, and prohibiting drivers from stopping to offer a job, is a valid safety measure that does not interfere with free speech.

The ordinance does not regulate the content of a day laborer's speech, only the location, Judge Sandra Ikuta said in the majority opinion. She said workers can reach out to prospective employers "in safer and less disruptive ways," such as by handing out leaflets, speaking to pedestrians or canvassing door-to-door.

Dissenting Judge Kim Wardlaw said the law punishes constitutionally protected expression and "eliminates the only means by which day laborers can communicate their availability for employment."

The ordinance has been on hold since a federal judge blocked enforcement in 2004, after a city crackdown in which police - some posing as employers - cited about 60 would-be workers.

Dozens of California communities have similar laws, including several in the Bay Area, but federal judges have blocked every attempt at enforcement, said Thomas Saenz, chief lawyer for the Mexican American Legal Defense and Educational Fund.

He said the last local case was about seven years ago, when a judge barred Mountain View and Los Altos from implementing their ordinances, which the cities later dropped.

The ruling "provides a clear blueprint" for other cities, said Redondo Beach City Attorney Michael Webb. "They can have effective enforcement without infringing on anyone's constitutional rights."

But Saenz said such efforts would be futile, because day laborers "respond to the demand for their services" and would simply move to the next community, along with their prospective employers.

Redondo Beach modeled its law on a Phoenix ordinance that prohibited fundraisers from stopping drivers and asking for money. The court rejected a challenge to the Phoenix measure in 1987, a ruling that the court majority invoked Wednesday.

Like Phoenix, Redondo Beach has prohibited "acts of solicitation that risk interfering with the flow of traffic," while allowing alternate means of communication, Ikuta said.

Wardlaw, in dissent, said the Phoenix ruling was aimed at conduct that stopped traffic and would not apply to an ordinance that barred people from standing on a sidewalk and letting drivers know they were available for work.

Chris Newman, legal director of the National Day Laborer Organizing Network, a plaintiff in the case, said the ordinance seeks to "criminalize day laborers' very being." He said he would ask the full appeals court for a rehearing.

The ruling can be read at links.sfgate.com/ZJVC.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2010%2F06%2F09%2FBAS81DSOQE.DTL&tsp=1#ixzz0qQOahKVh

[^_^ 5,021]

Cities can prohibit day laborers from soliciting work from passing drivers ... workers can reach out to prospective employers "in safer and less disruptive ways," such as by handing out leaflets, speaking to pedestrians or canvassing door-to-door.

The title "Appeals Court Says It's OK To Ban Day Laborers From Soliciting Work!!" is incorrect.

[I AM NOT THAT GUY 5,715]

San Francisco, the most "liberal" city in America, bans solicitation from median strips. The only problem: Sonoma County doesn't have a similar ordinance, so all the pan-handlers and "day laborers", mostly young white hippies, just moved north a bit. The ones serious about looking for work that the OP is suggesting, are required to enroll at the hiring centers, and that is where prospective employers are supposed to recruit them from, although many still hang out in the retail centers of the various communities looking for work in this agricultural county.

[IndigoSkies 168]

San Francisco, the most "liberal" city in America, bans solicitation from median strips. The only problem: Sonoma County doesn't have a similar ordinance, so all the pan-handlers and "day laborers", mostly young white hippies, just moved north a bit. The ones serious about looking for work that the OP is suggesting, are required to enroll at the hiring centers, and that is where prospective employers are supposed to recruit them from, although many still hang out in the retail centers of the various communities looking for work in this agricultural county.

You win today's unnecessary quote award. Why did you put quote around the word liberal. Is San Francisco allegedly liberal? Is it an uber conservative city masquerading as liberal? What about the day-laborers? Are they employed full time pretending to be day-laborer to earn some extra cash?

[she said workers can reach out to prospective employers "in safer and less disruptive ways," such as by handing out leaflets, speaking to pedestrians or canvassing door-to-door.]

I hope no one takes that to heart. I wouldn't want people knocking on my door to ask me if I need my deck repainted. Seriously, Mormons and high school kids looking to earn a few bucks by cutting my lawn is enough distraction already on Saturday mornings. No more. Stop it.

Edited June 10, 2010 by IndigoSkies

[I AM NOT THAT GUY 5,715]

You win today's unnecessary quote award. Why did you put quote around the word liberal.

It's a local ordinance. San Francisco residents do not consider themselves "liberal" (as opposed to Liberal), just "right thinking".

[IndigoSkies 168]

It's a local ordinance. San Francisco residents do not consider themselves "liberal" (as opposed to Liberal), just "right thinking".

I'm sure San Franciscoans (right adjective?) consider themselves liberal. Maybe not Liberal. What did you mean by [just "right thinking?"] Stop using quotes unnecessarily. It puts my feeble mind in a frenzy trying to understand your mindsets.

[I AM NOT THAT GUY 5,715]

Oh, "okay"!

[SMOKE 1,426]

I'm sure San Franciscoans (right adjective?) consider themselves liberal. Maybe not Liberal. What did you mean by [just "right thinking?"] Stop using quotes unnecessarily. It puts my feeble mind in a frenzy trying to understand your mindsets.

he means they feel people that don't share their pov are misguided & not as enlightened as themselves. same as any 'liberal' or 'conservative' community.

[^_^ 5,021]

This IndigoSkies "dude" sure is dense.

[Ban Hammer 13,334]

I'm sure San Franciscoans (right adjective?) consider themselves liberal. Maybe not Liberal. What did you mean by [just "right thinking?"] Stop using quotes unnecessarily. It puts my feeble mind in a frenzy trying to understand your mindsets.

you don't know almaty, do you?

[IndigoSkies 168]

This IndigoSkies "dude" sure is dense.

Wait, I'm allegedly a dude? Do I have to put a picture of my ####### to prove my dude-ness?

http://www.unnecessaryquotes.com/

[^_^ 5,021]

Wait, I'm allegedly a dude? Do I have to put a picture of my ####### to prove my dude-ness?

no one here wants to see your so-called "#######"

[Gary and Alla 3,694]

Wait, I'm allegedly a dude? Do I have to put a picture of my ####### to prove my dude-ness?

http://www.unnecessaryquotes.com/

If you had a big one it would be in your profile photos. If we have to ask...

I doubt this ruling has any effect on anything in particular, but it is good to see the 9th circuit not just rubber-stamping the liberal position.

Personally, I will use "quotes" any time I feel like it and if someone doesn't understand the meaning it will be a problem for them, and I won't care.

[Peikko 1,575]

If you had a big one it would be in your profile photos. If we have to ask...

I doubt this ruling has any effect on anything in particular, but it is good to see the 9th circuit not just rubber-stamping the liberal position.

Personally, I will use "quotes" any time I feel like it and if someone doesn't understand the meaning it will be a problem for them, and I won't care.

Quite right, why should you care if what you write precisely reflects what you think you mean?

[Pinocchio Liberal 268]

Wait, I'm allegedly a dude? Do I have to put a picture of my ####### to prove my dude-ness?

http://www.unnecessaryquotes.com/

Have fun getting someone to loan you one.