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Posted on Fri, Mar. 02, 2007

ACLU sues city of Lake Forest on behalf of day laborers


Associated Press

LAKE FOREST, Calif. - The ACLU alleges in a lawsuit that the city of Lake Forest violates the rights of day laborers with a law that bans solicitation on the sidewalk.

The civil liberties group also requested a temporary restraining order Friday against the city to ensure it does not enforce the sidewalk ordinance, which it says infringes on workers' First Amendment rights.

The lawsuit was filed in U.S. District Court in Santa Ana on Thursday on behalf of La Asociacion de Trabajadores de Lake Forest (Workers Association of Lake Forest), Colectivo Tonantzin and the National Day Laborer Organizing Network.

"They have the fundamental right to solicit work just like a business can advertise a sale ... or a Girl Scout can sell cookies outside a market," said ACLU attorney Nora Preciado. "It's illegal and discriminatory."

City Attorney Scott Smith said, however, that the city does not enforce the 1993 ordinance. The city reviewed the law and decided not to enforce it after Glendale lost a case based on a similar ordinance about three years ago, he said. Smith said someone was cited erroneously in January but the case was dismissed.

"We're absolutely committed to not enforcing it," Scott said.

According to the lawsuit, workers who gather to seek work in Lake Forest have been told by police officers they cannot stand on the sidewalk. The officers also have cited or arrested some workers and employers, the suit alleges.

The city has until Monday to respond to the injunction request. No hearing has been set.

The City Council and Lt. Jay LeFlore, chief of police services, were also named as defendants.