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Vista sued over day-laborer law by rights groups


Law described as unconstitutional
By Matthew Rodriguez
UNION-TRIBUNE STAFF WRITER
July 19, 2006

VISTA – Two organizations have sued Vista to overturn a controversial day-labor employment ordinance scheduled to take effect next week.

The lawsuit argues that the ordinance is unconstitutional because it violates free speech and equal protection rights. The American Civil Liberties Union and California Rural Legal Assistance Inc. filed the suit in federal court Mondayon behalf of three Vista residents.

The plaintiffs also have filed for a temporary restraining order to prevent the ordinance from being enforced once it becomes law July 28.

“Essentially, we think that it violates the rights of employers,” said David Blair-Loy, legal director of the ACLU of San Diego & Imperial Counties.

The Vista City Council passed the ordinance unanimously last month, as dozens of protesters gathered outside City Hall. The ordinance has been supported by the San Diego Minutemen, a group that opposes illegal immigration.

The city had been looking for ways to discourage day laborers from congregating near the intersection of Escondido and South Santa Fe avenues, waiting for employers to drive up and offer them temporary work.

The ordinance has drawn criticism from Latino activists and civil rights groups, who have said that it unfairly targets Latinos, since the majority of the day laborers are Latino.

City officials have said the ordinance would protect the laborers from problems, such as wage disputes.

City Attorney Darold Pieper said the city plans to file a response to the lawsuit by Friday.

“We believe that the ordinance is valid and appropriate and that the claims against it are unfounded,” Pieper said. “We don't believe that it interferes with First Amendment rights or that it was adopted for an improper purpose.”

The ordinance requires employers to register with the city before hiring day laborers from areas that the employers don't own, rent, control or work at as contractors.

Under the law, employers would have to display their registration on their vehicle windows and must keep records of each hire. The employer also would be required to give the worker a form describing the job and rate of pay.

The lawsuit – filed on behalf of an employer and two day laborers – contends the ordinance violates the First and 14th Amendments of the U.S. Constitution that guarantee free speech and equal protection.

“There may be constitutional violations at issue here that the city is trying to skirt by claiming that this is an ordinance that's designed to protect the workers,” said Dorothy Johnson, directing attorney for the Oceanside office of California Rural Legal Assistance.

The plaintiffs in the lawsuit are Virginia Calderon, who the suit says has hired day laborers, and laborers Asuncion Hernandez and Raymundo Serrano.

The suit alleges the ordinance does not prevent officials from unfairly holding up applications. The suit also contends that the intent of the ordinance is discriminatory.

Mayor Morris Vance said yesterday the city had anticipated a lawsuit, based on comments critics of the ordinance made at several meetings.

Some Latino activists had urged the city to help establish a hiring center for the day laborers, rather than passing the ordinance. City officials have said they are looking for a possible site and a nonprofit group to operate a center.

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Matthew Rodriguez: (760) 476-8245; matthew.rodriguez@uniontrib.com