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  1. #1
    Administrator Jean's Avatar
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    CA: City mulls new statute

    City mulls new statute
    2nd attempt on laborer issue
    By Tania Chatila, Staff Writer

    Nov 12, 2007
    BALDWIN PARK - City officials are considering a new ordinance that would ban day laborers and street vendors from soliciting in parking lots.

    The proposed ordinance would limit parking lots to those uses for which they were designed, according to Baldwin Park documents, such as the parking of cars and providing access to structures.

    All other uses - such as congregating for work and selling products - would be prohibited.

    "There is no signaling out here," City Attorney Stephanie Scher said. "The bottom line is nobody can do anything other than what the parking lots are intended for."

    If approved, the law would be a second attempt to deal with the day laborer issue, which has been escalating for months amid community concerns and legal opposition.

    Claims that laborers were harassing customers near the Home Depot on Puente Avenue prompted an approval in June of an ordinance that barred laborers from soliciting employers in parking lots and on sidewalks unless they left a 3-foot buffer for pedestrians.

    The law was in effect for 11 days before a judge stopped it from being enforced. The ban was repealed in August as part of a settlement with the Mexican American Legal Defense and Education Fund, which sued the city citing the law's unconstitutionality.

    MALDEF officials Monday said they had not been aware of the new proposal.

    "If the city wants to pass an ordinance that is constitutional, that doesn't infringe upon First Amendment rights, they have the right to do that," MALDEF attorney Kristina Campbell said. "If this is something we think is an end-run around our settlement agreement, we won't hesitate to bring our concerns to the City Council."

    Officials say this new ordinance is not only targeted at day laborers, but everyone soliciting business in private parking lots.

    If approved, it would not include areas designated for pedestrian use, such as raised curbs, medians or landscaped walkways, Scher said.

    If laborers or street vendors were soliciting business while sitting in their car or standing in one of these pedestrian areas, they would not be in violation, Mayor Manuel Lozano said. Opponents claim the ban would be no different from the last law.

    "I think it's a revamp of the first ordinance," said Councilman Ricardo Pacheco, who, along with Councilman David Olivas, opposed the original ordinance. "We could potentially get sued again."

    Scher said this deals with private property in industrial and commercial zones.

    "The U.S. Supreme Court has held there are no First Amendment rights on private property," she said. "Nobody has a First Amendment right to solicit and you certainly don't have the right to go on someone else's private property and sell your CD's, your sunglasses, your tamales."

    Despite the concerns of outside organizations like MALDEF and the National Day Laborer Organizing Network - which is also researching the new proposed ordinance - the issues have to be dealt with, Lozano said.

    "It is definitely still a problem," he said. "We still have complaints from a lot of people who are discouraged and don't want to shop there."

    Susan Hunter, who lives about a half block away from the Home Depot, said she feels threatened at the shopping center.

    "It's a crowd of men," she said. "Not that men frighten me, but when they are looking at what you're doing and watching you, and you are by yourself, it's just uncomfortable."

    Day laborers argue they are always getting blamed.

    "You know, we don't do nothing wrong," said Carlos Aguirre on Monday, surrounded by a group of about 15 other laborers who frequent the Home Depot site. "We are just people looking for work."

    The ordinance is expected to go before the council on Nov. 28 for introduction - Olivas' last meeting as a councilman.

    If passed, it would go back before the council in December for a final vote. At that time, newlyelected Monica Garcia will take Olivas' seat. Garcia said she will be meeting with the city manager today for a briefing on the issue.

    If a new law were passed, it would likely take effect in January. But many of the laborers said they would continue to seek work in the same way.

    "We're not stealing anyone's identity," said Jesus Marquez. "This is just an honest living here."

    http://www.sgvtribune.com/news/ci_7446771
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  2. #2
    Senior Member reptile09's Avatar
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    It's very ironic how these illegal alien lawbreakers and their support groups like to use the laws to sue for their 'rights', yet when it comes to them obeying the laws, well that means nothing to them. I guess they get to pick and choose which laws are just and constitutional and to sue for protections when they feel their twisted agenda is violated. How about them oebeying the laws? You know things like immigration laws, employment laws, income tax laws, etc. Or maybe for once they might consider obeying laws against driving without licenses or insurance, or against driving while drunk or fleeing the scene after causing an accident. Or heaven forbid, obey laws like not raping children or beating their wives or abusing animals, little inconvenient laws like that.
    [b][i][size=117]"Leave like beaten rats. You old white people. It is your duty to die. Through love of having children, we are going to take over.â€

  3. #3
    Senior Member ourcountrynottheirs's Avatar
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    "You know, we don't do nothing wrong," said Carlos Aguirre on Monday, surrounded by a group of about 15 other laborers who frequent the Home Depot site. "We are just people looking for work."
    Will someone please explain to these people that in America, people looking for work do not stand in parking lots or street corners.

    Regarding their "rights", they (and these idiotic, lawyers in training} can take their so-called rights and put them where the sun doesn't shine
    avatar:*912 March in DC

  4. #4
    Administrator Jean's Avatar
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    Solicitation ban proposed again
    By Tania Chatila, Staff Writer
    Article Launched: 12/18/2007 11:28:47 PM PST


    BALDWIN PARK - A second attempt to ban solicitation in parking lots will be considered by the City Council today.

    The new ordinance would limit parking lots to the uses for which they were designed, such as the parking of cars and providing access to structures, according to city documents.

    All other uses - such as congregating for work and selling products - would be prohibited.

    "The way this ordinance is written, parking lots are to be used to traverse to and from your vehicle," Councilman Anthony Bejarano said. "If people are just hanging out, not utilizing the area as meant to be, then we'll deal with them accordingly."

    Officials with the Mexican American Legal Defense and Education Fund - which sued the city several months ago over a previous anti-solicitation ordinance - say the proposed law is unconstitutional.

    "This ordinance outlaws any kind of speech in any parking lot, public or private," MALDEF attorney Kristina Campbell said. "It's just ridiculous."

    In June, the city made its first attempt to deal with claims that day laborers were harassing customers near the Home Depot on Puente Avenue.

    The council approved an ordinance that barred laborers from soliciting employers in parking lots and on sidewalks unless they left a 3-foot buffer for pedestrians.

    The law was in effect for 11 days before a judge barred its enforcement. In August, the ban was repealed as part of a settlement with MALDEF, which had sued the city, saying the law infringed on free-speech rights.

    Campbell would not comment on whether the organization is considering another lawsuit if the new ordinance is passed.

    But Councilman Ricardo Pacheco said he has no doubt the new ordinance would open the city up to more litigation.

    "The biggest problem with the ordinance is how it's going to be enforced," said Pacheco, who also opposed the first ordinance. "If someone comes out of the McDonald's and starts having a conversation in the parking lot, are you going to arrest them?"

    In a Nov. 28 letter sent to Mayor Manuel Lozano, MALDEF officials argued that the proposed ban violates the California Constitution, which has a greater free-speech clause than the U.S. Constitution.

    Campbell said the ordinance would ban all free speech.

    "I know (the city) is concerned about MALDEF suing them, but I think we'll be the least of their concerns if they pass this."

    City officials say they are confident that this time around, the ordinance as drafted falls in line with the law.

    "It's strictly a time, place and manner restriction," Bejarano said. "We're merely trying to ensure safety within large parking areas and in shopping centers."

    Councilwoman Monica Garcia said the ordinance could be a tool not only to regulate day laborers, but also loiterers and illegal street vendors.

    "I'm looking at this as there are activities going on in our community and these are activities we want to regulate," she said.

    If passed, the ordinance would likely come back before the council for a final vote next month, officials said.

    "Regardless of what we do, MALDEF is going to consider suing us, but we're not going to be held hostage to their political agenda," Bejarano said. "We have real-life issues we're trying to address in our city."

    http://www.sgvtribune.com/news/ci_7756404
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