Vista activist asks to join suit over names of day-labor employers

By: CRAIG TENBROECK - Staff Writer

VISTA -- An anti-illegal immigration activist has asked a court to join a legal battle over the public's ability to access employer information collected under the city's day-labor hiring law.

Vista resident Michael Spencer filed an application in Superior Court on Wednesday citing a request that the records be kept public. He is being represented pro bono by the Washington, D.C.-based Immigration Reform Law Institute, according to court documents.

Earlier this month, the American Civil Liberties Union of San Diego and Imperial Counties sued the city in an effort to permanently prevent Vista from releasing the names, addresses and telephone numbers of private employers who had registered under the hiring law.

Spencer said Wednesday that he has been advised by his attorney not to comment about the case.

His application to join the suit contends that Spencer has a right to verify his belief that most people who register as day-labor employers do so to hire "unauthorized alien workers." The application also alleges that the city is "recklessly aiding and abetting such illegal and exploitative practices."

David Blair-Loy, the ACLU's legal director, said that while he may not agree with Spencer's position, he won't oppose his application to participate in the litigation.

"I think he clearly has an interest in being heard and I respect that," Blair-Loy said.

Several media groups, including the North County Times, have filed a separate application to intervene in the case. They also support keeping the records public.

The next hearing is set for July 26, however, Spencer requested Wednesday that it be postponed for 30 days.

Even before filing his application, Spencer was on the periphery of the litigation. It was his June 28 public records request for employer information that spurred the ACLU to take action.

Blair-Loy has argued that private employers could be discouraged from hiring day laborers if their personal information was posted on the Internet or used for harassment.

Anti-illegal immigration activists, including Spencer, have protested the hiring of day laborers at a shopping center in central Vista where several men gather waiting for work. They have alleged that many of the mostly Latino workers are in the country illegally.

On July 9, a Superior Court judge temporarily blocked the release of employer information, stating that the court would have to sort out a clash between the right to privacy and the public's right to government records.

Vista officials have said they will take their direction from the court.

The city adopted its controversial day-labor hiring law last summer. It requires people who hire temporary workers off the street to register with the city, display permits in their car windows and present workers with written terms of employment.

More than 110 individuals have registered since then, officials have said.

-- Contact staff writer Craig TenBroeck at (760) 740-5490 or ctenbroeck@nctimes.com

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