Escondido exploring new restrictions on day laborers



By: DAVID GARRICK -- Staff Writer

Proponents cite safety issues; opponents suggest bias

ESCONDIDO ---- New ordinances proposed by City Councilman Ed Gallo would make it illegal for day laborers to solicit motorists from the sidewalks and street corners where they gather each morning to look for work.

Gallo said the proposed laws would help many businesses on Quince Street that he says suffer because the presence of the laborers drives customers away.

He said the proposed laws would also improve safety by prohibiting laborers from entering roadways to solicit work, and by making it illegal for motorists to pull over and pick up laborers on arterial streets that have no parking spaces.

Three other members of the five-member council agreed Thursday that the city should address problems with laborers loitering on sidewalks and bothering some motorists and pedestrians, and they said they were optimistic that the laws Gallo is proposing could make a big difference.

Mayor Lori Holt Pfeiler said she needs to do more research before taking any position.

Advocates for immigrant rights questioned the motives behind Gallo's proposal and warned that there could be legal challenges if the council adopts the proposed laws.

David Blair-Loy, legal director for the local affiliate of the ACLU, said city officials must be careful to ensure the ordinances they draw up focus on a type of activity and not target any specific group of people.

"Complaints against day laborers are often based on bias and prejudice against Latinos," said Blair-Loy, explaining that most day laborers are immigrants from Mexico. "Lots of people sell things in the street, so why are they focusing specifically on day laborers?"

Blair-Hoy said the proposed laws could be unconstitutional because they restrict activity that is considered free speech. He also said the proposals might have the unintended effect of prohibiting sign twirlers and preventing Girl Scouts from waving drivers into weekend car washes.

Bill Flores, a spokesman for an umbrella group of local civil rights organizations, suggested that Gallo's proposal was motivated by his desire to get re-elected next November.

"He is purposely stoking the fires of anti-illegal immigrant sentiment," said Flores. "It's no coincidence that he would make this kind of proposal at the beginning of an election cycle."

Gallo said his proposal was inspired by the city of Orange, which has been discussing similar ordinances this fall. The Orange ordinances would also require laborers to get written permission from business owners, such as Lowe's and Home Depot, before they could solicit work in commercial parking lots.

Day laborers typically solicit work on several blocks of Quince Street, but the largest congregations usually occur near Mission Avenue and between Third and Sixth avenues, Gallo said.

Cities across California have wrestled for many years with problems created by day laborers. Vista adopted an ordinance in 2006 that forces people who hire day laborers to register with the city.

The proposed ordinances would not be the first time Escondido has considered laws that would have a big effect on illegal immigrants.

There was a strong backlash last year when the Escondido council adopted a law making landlords subject to fines and possible jail time if they did not remove illegal immigrants from their properties within 10 business days.

That law, which was approved by Gallo, Councilman Sam Abed and Councilwoman Marie Waldron, was quickly challenged in court, temporarily blocked by a federal judge, and then abandoned by the council in the face of mounting legal costs.

Opponents of illegal immigration praised Gallo for proposing the new laws, which they called long overdue.

Jeff Schwilk, founder of the San Diego Minutemen, a group that opposes illegal immigration, said that he frequently hears from people who get threatened and harassed there.

"Many residents have been screaming for months for something to happen," said Schwilk.

Patricia Bennett, leader of Citizens of Escondido for Road Safety, said the proposed laws would help her feel safe again on Quince Street. Bennett said laborers have run up to her car in droves when she has pulled over on Quince Street to answer her cell phone, and she said many people have told her they refuse to drive into that neighborhood because of the laborers.

Gallo said the proposed ordinances would be different than the illegal immigrant rental ban, because they are based on economic issues.

"These guys are a deterrent to businesses," said Gallo, explaining that he has received complaints from the Starbucks on Mission Avenue and an industrial business near Fifth Avenue. "I hear all the time about catcalls and other crap they do while hanging out in front of businesses."

Gallo and Councilman Abed said one goal of the proposed laws should be encouraging the laborers to congregate in the city's hiring hall at Quince Street and Washington Avenue.

"I don't know why tons of them are on the street when we have a day laborer hiring office," said Abed. "If I had this mess in front of my business, I would be upset."

Waldron and Councilman Dick Daniels characterized the proposed laws as "anti-loitering" ordinances, then added that the city should prioritize protecting residents and motorists from being bothered by laborers.

"Soliciting work in the street is not appropriate," said Waldron. "People shouldn't have to deal with that."

Daniels said there is clearly "a visible problem" on Quince Street.

Mayor Pfeiler said she empathizes with businesses that suffer when laborers are boisterous and disrespectful, but she said the city should study why there appears to be so much demand for the laborers and why the laborers seem to prefer soliciting work on the street instead of inside the hiring hall.

Contact staff writer David Garrick at (760) 740-5468 or dgarrick@nctimes.com.

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