Decision that struck down day-laborer law is appealed

By Rick Coca, Special to the Daily News

GLENDALE -- The city has appealed a federal court ruling that struck down a law barring day laborers from soliciting work from curbs, officials said Thursday.
A group of day laborers, represented by the Mexican American Legal Defense and Educational Fund, filed suit last year claiming the law was unconstitutional because it violated their free-speech rights.

In May, U.S. District Court Judge S. James Otero agreed with the laborers, saying the city ordinance was too vague because sidewalks are not explicitly named as areas laborers can legally solicit work, which causes potential for confusion.

But city officials believe the law is valid. In taking the case to the 9th U.S. Circuit Court of Appeals on Wednesday, Glendale City Attorney Scott Howard said his office is confident the ordinance does not violate free speech rights.

The questions raised by Otero's decision are mainly about defining "curb," "street" or "sidewalk," he said.

"In our ordinance, we said solicitation was not permitted on curbs, parkways, public parking lots and streets," Howard said.

MALDEF staff attorney Shaheena Simons said Otero's ruling was sound, and "you cannot have restrictions based on the content of speech." Since the judge's decision was in the laborers' favor, there is no need for them to negotiate at this point, Simons said. "From our position, we just need to ... wait for the affirmance of the 9th Circuit Court."

Howard said he thinks the Court of Appeals will reverse the judge's decision.

"Everybody knows what a curb is," Howard said.

Howard said Glendale city officials are trying to balance the needs and rights of the laborers with those of residents, business owners and shoppers.

"We think Glendale has taken a very balanced approach," Howard said.

He added the city's Temporary Skilled Work Center, which opened in 1997 across the street from Home Depot on San Fernando Road, offers day laborers and potential employers a safe and controlled environment to secure and provide work.

Howard said that the center is "a model for the nation" that gives laborers who use it about an 80 percent chance of getting hired, as well as a safety net from unscrupulous employers who refuse to pay workers.

A decision on the appeal could be months away. In the meantime, Howard said his office remains open to a settlement with the plaintiffs and MALDEF.

"We have always had frank and open discussions, and that's always positive," Howard said. "Any reasonable proposal, we would take into consideration."
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