Cave Creek rethinking day-labor ban
by Beth Duckett - Aug. 26, 2008 02:17 PM
The Arizona Republic
CAVE CREEK - Should Cave Creek try again to ban day laborers from soliciting work along town streets?

Town Council members are trying to decide whether to pursue an ordinance.

They discussed the issue at length this week during a Town Council retreat.
"They gave no indication one way or the other," Mayor Vincent Francia said. "Bottom line is, they will ponder whether or not they wish to try again."

Cave Creek must first reach a settlement on attorney's fees with the American Civil Liberties Union and other groups, which successfully prevented Cave Creek from enforcing its first anti-solicitation ordinance.

Under community pressure to rid Cave Creek of its day laborers, the town passed a law in September banning people from soliciting work from vehicles when standing on or near public roadways.

The ACLU and Mexican American Legal Defense and Educational Fund filed a complaint in March challenging the law.

On Aug. 8, a federal judge permanently blocked Cave Creek from enforcing the ordinance, ruling it an unconstitutional restriction on free speech.

Cave Creek is required to pay $133,000 in attorney's fees to the successful challengers.

Francia said the town could choose to dispute the payment, which he considered excessive. The Town Council is scheduled to vote on the issue at a Sept. 15 meeting.

Council members acknowledged that Cave Creek still has a "problem" on Monday, six days after Maricopa County Sheriff's deputies arrested 12 illegal immigrants during a crime sweep in Cave Creek.

Councilman Thomas McGuire expressed concerns about people who loiter on streets and "camp out" in public washes.

"It has financial impacts on the town," McGuire said.

Francia passed out copies of an Orange County municipal code targeting day laborers that has so far passed legal muster.

"The ordinance I gave to them is from Orange County, so they had reference of an ordinance that at least to date, has not been challenged by the ACLU," Francia said.

Kristina Campbell, MALDEF staff attorney, said courts across the country have repeatedly ruled anti-solicitation ordinances unconstitutional.

"Before other states and local municipalities consider passing similar discriminatory and unlawful ordinances, they should remember that these laws will fail under legal scrutiny and open them up to costly litigation," Campbell said.



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