Residents divided on issue of day laborers waiting downtown
By Sylvie Belmond belmond@theacorn.com
Dec 6, 2007

Controversy concerning the dozens of men who gather near the Tipsy Fox store and across the street by the Moorpark 76 gas station at the corners of High Street, Spring Road and Princeton Avenue in the downtown area is not new.

According to some Moorpark residents, the potential workers are a public safety hazard because they consume alcoholic beverages and sometimes urinate outside. Also, by harassing passersby with job requests, they discourage customers from patronizing the nearby businesses.

However, others say the laborers don't intend to offend anyone. They are just there to seek work so they can support their families.

The issue of day laborers sparks similar arguments across the state and the nation as cities try to resolve community concerns without incurring costly lawsuits from civil rights groups.

Federal courts have determined that local law enforcement can't arrest someone based on immigration status. An individual must be caught in the act of committing a crime before he can be apprehended, according to Senior Dep. Robert Berger of the Moorpark Police.

"The city can't enforce loitering laws. The men have a right to gather in public places. Arresting them would violate their First Amendment rights," he said.

Berger said he's going to propose a change in the municipal code to permit law enforcement to take action against people who consume alcohol in public view. Existing laws only forbid drinking on public property.

"People drinking in front of their own residences or in parking lots could get in trouble if the law goes into effect," said Berger. He's still finalizing his proposal, which would then have to be evaluated and approved by city officials.

Defending the laborers

"They (the men) come here just like any person with a dream and hope," said Ray Arenas, nephew of Moorpark Catholic Charities food pantry founder Ruben Castro, after whom the new Human Services Center will be named.

It only takes one person to tarnish the image of the entire group, said Arenas, in response to concerns about undesirable activities.

People don't understand that some of those men don't have a home, said Patricia Calderon, client resources coordinator for Moorpark Community Services and Food Pantry. Some come to the food pantry for clothes and food, she said. Those who live under a bridge not far away from the gathering spot don't have access to any restrooms.

Sometimes the men drink alcohol to kill their hunger, said Calderon.

"If they had public restrooms in the area, people would not urinate outside."

City officials concerned City leaders agree that the congregation of day laborers at the downtown location is problematic.

"The drinking, urinating and such are not acceptable," said Councilmember Mark Van Dam. However, since these activities occur on private property, the police can't just chase them away, he said.

"Our police department is doing their best to monitor the area," said Van Dam, suggesting it would be nice to assign an officer to patrol the area full time, but that's not a realistic option.

City leaders are continually trying to find acceptable solutions for the dilemma, Van Dam said. "We need to look for alternatives now," he said.

The city needs to find a safe place where people looking for day labor can go- a site with a restroom, according to Van Dam. While there are plans to include a gathering spot at the human services center slated to be built within a year or so, city leaders shouldn't wait for the center to be built to address the issue, Van Dam said.

"We need to find a good alternative now that serves the residents who live in that area as well as the day laborers."

Businesses affected

Mark Ballat, manager of Tipsy Fox, where many laborers assemble, said he's not opposed to the men seeking work, but he's concerned that their presence discourages other customers from coming into his store.

"I know they want to work hard, but it's not nice to jump at anybody's car," said Ballat. People, especially women, get scared and nervous when this happens, he said.

Although the workers do make purchases at Tipsy Fox, those sales don't make up for the losses, the manager said.

Sief Yosef, manager of the 76 gas station at the corner of Princeton Avenue and Spring Road has similar concerns.

"This is a big problem but I don't have any right to ask them to leave," he said.

Both Ballat and Yosef said they encourage the job seekers to step away from the front of the businesses and stand in the back to wait for potential employers.

They also hope that laborers will relocate to the new human services center when it's completed. The center will be designed to accommodate laborers, said Assistant City Manager Hugh Riley, but it's hard to get these guys to move, he said.

In response to concerns about public drinking, Ballat has posted signs requesting that alcohol not be consumed on his property. Not all of the men who loiter in the area drink, he said, but a few make bad choices that affect the entire group.

Parking is also a concern as spaces in front of businesses in the area fill up with cars belonging to the laborers.

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