AZ: Proposed legislation targets day laborers

Published: 04.17.2007

Proposed legislation targets day laborers
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX -- State lawmakers are just one step away from making it a crime to hang around a street corner and look for work.

With only minimal discussion, the Senate gave preliminary approval Tuesday to legislation which would make it a crime for anyone to be on any public road, sidewalk or adjacent public property to offer labor or services in exchange for compensation. Violators could be charged with trespass and jailed for up to six months.

Another provision of the same measure provides identical penalties for those on private property who refuse to leave.

The measure is aimed almost exclusively at "day laborers," people who often congregate near home improvement stores in hopes of getting some work. Some supporters of the measure say they believe many of those who solicit employment that way are not in this country legally. But HB 2589 makes no distinction about a person's immigration status.

And Rep. John Kavanagh, R-Fountain Hills, said it's not just aimed at laborers: His measure also makes it a crime for anyone looking for workers to be in the same places.

A final Senate roll-call vote will send the measure to the governor.

The only debate provoked Tuesday about the legislation was over the legality of the first part of the bill.

Sen. Albert Hale, D-Window Rock, questioned the how the Legislature could make it illegal for anyone to be on a public sidewalk. Hale, an attorney, said courts have consistently said that any infringements on basic rights -- in this case, the right to assemble -- must be very carefully tailored to meet only the absolute governmental need.

"How do you remain unlawfully in a public place?" he asked.

But Kavanagh said the measure is constitutional.

"It is not just illegal to stand on the street," he said.

"Before you trigger the provisions of this law you have to be standing on or near the street, you have to be soliciting day labor, and most importantly you have to be disrupting traffic."

That, said Kavanagh, makes this different than "loitering" laws which have been voided by courts.

"This is a public safety bill which attempts to stop dangerous traffic distractions and behaviors."

Kavanagh said existing laws cover only situations where people are in the street blocking traffic. He said there are no similar laws for those on sidewalks, which is why he said the measure is being supported by several police departments.

http://www.azstarnet.com/sn/printDS/178861

Good for them this is a good law, every state should have it! Go to the unemployment office! Put an add in the paper!

I hope it passes. The harder we make it the sooner the illegals will begin to self-deport.

Well good.

All of a sudden I do see some positive changes. Since the federal government has made it clear that it never intends to deal with these issues and forces the cities, states and small communities to live with the consequences, I am glad to see that local governments are defending themselves thru legislation.

The federal government can keep its head in the sand if it wants to, but this issue will not go away. It will be dealt with.