City bans solicitation in some areas

By Nisha Gutierrez Staff Writer
San Gabriel Valley Tribune

BALDWIN PARK - Officials this week approved a ban on commercial solicitation in some parts of the city despite threats of lawsuits.

The Baldwin Park City Council voted 3-2 Wednesday to place a ban in areas intended for vehicles, landscaped parkways and pedestrian travel.

An earlier version was targeted at day laborers soliciting in the Home Depot parking lot after complaints that they were urinating, sitting on cars, drinking, gambling and making rude comments to people in the shopping center. The ordinance was later amended to include all solicitors.

The new law goes into effect in 30 days.

"Our residents are fed up with it and they expect us to do find a solution to the things they are concerned with," said Councilwoman Marlen Garcia. "I am doing what they are requiring me to do as an elected official and trying to solve the problem."

The National Day Labor Organizing Network and other civil rights groups including The Mexican American Legal Defense and Educational Fund said the ordinance is unconstitutional.

Cynthia Valenzuela, MALDEF's director of litigation, said the group is "seriously considering" suing the city.

"We certainly think the law should be challenged and it's a strong possibility that we will," Valenzuela said Thursday. "In the event that we have conflicting responsibilities with other cases, we will encourage others to file the case and we will support them and lend our expertise."

Garcia, who voted in favor of the ordinance with Mayor Manuel Lozano and Councilman Anthony Bejarano, said she is confident the ordinance will be upheld if it is legally challenged because it does not target one group of people or one specific area.

Marissa Nuncio, a staff attorney with NDLON, said MALDEF and her organization have challenged and defeated similar ordinances in Redondo Beach, Glendale and Lake Forest.

"There are already ordinances in place to deal with littering, loitering and jaywalking and the things people are complaining about," Nuncio told the council Wednesday. "Don't be pressured by the anti-immigration sentiment that produces negative stereotypes often associated with day laborers. It won't solve the problem."

Councilman David Olivas, who voted against the ordinance with Councilman Ricardo Pacheco, said he too does not believe the ordinance will stop the complaints and that the restriction on public sidewalks is unconstitutional.

"I greatly disapprove with the ordinance in regards to its ban on solicitation on sidewalks because sidewalks are a public forum," Olivas said. "That's where we protest, talk and preach. It's as American as apple pie."

Olivas said he hopes the city will continue to work with Home Deport and consider developing a day laborer site.

nisha.gutierrez@sgvn.com

(626) 962-8811, Ext. 2109



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The National Day Labor Organizing Network and other civil rights groups including The Mexican American Legal Defense and Educational Fund said the ordinance is unconstitutional.

Cynthia Valenzuela, MALDEF's director of litigation, said the group is "seriously considering" suing the city.
WAKE UP and smell the coffee CYNTHIA!!! The AMERICAN PEOPLE have spoken. Your shamnesty has been shot down in flames. Your illegal buddies need to start collecting their things and begin moving southward. The clock is tickin chick and when the knock comes at the door it will be ICE calling, not Avon. --Jaded