Thread: AZ-Cave Creek rethinking day-labor ban

Cave Creek rethinking day-labor ban
by Beth Duckett - Aug. 26, 2008 02:17 PM
The Arizona Republic
CAVE CREEK - Should Cave Creek try again to ban day laborers from soliciting work along town streets?

Town Council members are trying to decide whether to pursue an ordinance.

They discussed the issue at length this week during a Town Council retreat.
"They gave no indication one way or the other," Mayor Vincent Francia said. "Bottom line is, they will ponder whether or not they wish to try again."

Cave Creek must first reach a settlement on attorney's fees with the American Civil Liberties Union and other groups, which successfully prevented Cave Creek from enforcing its first anti-solicitation ordinance.

Under community pressure to rid Cave Creek of its day laborers, the town passed a law in September banning people from soliciting work from vehicles when standing on or near public roadways.

The ACLU and Mexican American Legal Defense and Educational Fund filed a complaint in March challenging the law.

On Aug. 8, a federal judge permanently blocked Cave Creek from enforcing the ordinance, ruling it an unconstitutional restriction on free speech.

Cave Creek is required to pay $133,000 in attorney's fees to the successful challengers.

Francia said the town could choose to dispute the payment, which he considered excessive. The Town Council is scheduled to vote on the issue at a Sept. 15 meeting.

Council members acknowledged that Cave Creek still has a "problem" on Monday, six days after Maricopa County Sheriff's deputies arrested 12 illegal immigrants during a crime sweep in Cave Creek.

Councilman Thomas McGuire expressed concerns about people who loiter on streets and "camp out" in public washes.

"It has financial impacts on the town," McGuire said.

Francia passed out copies of an Orange County municipal code targeting day laborers that has so far passed legal muster.

"The ordinance I gave to them is from Orange County, so they had reference of an ordinance that at least to date, has not been challenged by the ACLU," Francia said.

Kristina Campbell, MALDEF staff attorney, said courts across the country have repeatedly ruled anti-solicitation ordinances unconstitutional.

"Before other states and local municipalities consider passing similar discriminatory and unlawful ordinances, they should remember that these laws will fail under legal scrutiny and open them up to costly litigation," Campbell said.



http://www.azcentral.com/news/articles/ ... t0827.html

Under community pressure to rid Cave Creek of its day laborers, the town passed a law in September banning people from soliciting work from vehicles when standing on or near public roadways.

The ACLU and Mexican American Legal Defense and Educational Fund filed a complaint in March challenging the law.

On Aug. 8, a federal judge permanently blocked Cave Creek from enforcing the ordinance, ruling it an unconstitutional restriction on free speech.

How about the constitutional rights of the community who want day laborers banned? Will they be force to stand on the corner and yell out MIGRA!? After all, it IS free speech, no?

Kristina Campbell, MALDEF staff attorney, said courts across the country have repeatedly ruled anti-solicitation ordinances unconstitutional.

So does this mean prostitution is also an expression of free speech?

Cave Creek settles day-laborer lawsuit
105 commentsby Beth Duckett - Oct. 21, 2008 03:08 PM
The Arizona Republic
The Cave Creek Town Council has agreed to pay an immigrants rights group $70,000 in attorney's fees from a case involving the town's former day-labor ordinance.

The Town Council's unanimous vote Monday symbolized the last step in the hot-button case that landed Cave Creek in the national spotlight.

The ordinance, which is no longer in effect, was passed by the council in 2007 and made it a civil offense to stand on or near a street to "solicit, or attempt to solicit, employment, business or contributions" from vehicles.
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Ostensibly passed as a safety measure, the law was designed to target day laborers who gathered on town streets in search of work.

Immigrants rights groups, including the American Civil Liberties Union, filed for injunction in March on behalf of laborers. In August, a judge barred Cave Creek from enforcing the law.

WHAT THEY DID: The Cave Creek Town Council voted 7-0 to pay the legal fees and approve settlement of the case. The council also gave the green light for attorneys to enter all settlement documents.

WHAT IT MEANS: Cave Creek negotiated the fees and costs payment down to $70,000. The original asking price was $137,000, said Scot Claus, a case attorney with the Phoenix-based law firm Mariscal, Weeks, McIntyre & Friedlander.

WHAT'S NEXT: With the settlement, the issue is now "adios," Cave Creek Mayor Vincent Francia said. ACLU of Arizona Executive Director Alessandra Soler Meetze said the group wants to send a message to other cities that "tackling immigration at the local level results in costly litigation and more importantly, makes bad public policy."

www.azcentral.com

The ACLU and Mexican American Legal Defense and Educational Fund filed a complaint in March challenging the law.

Two enemies of this country!

Originally Posted by NoBueno

The ACLU and Mexican American Legal Defense and Educational Fund filed a complaint in March challenging the law.

Two enemies of this country!

Along with the Liberal left wing Judges! who thinks it is fit to protect illegals over Americans....

Originally Posted by vortex

Kristina Campbell, MALDEF staff attorney, said courts across the country have repeatedly ruled anti-solicitation ordinances unconstitutional.

So does this mean prostitution is also an expression of free speech?

If those people can hang around the parking lots and loitering, maybe I should do the same, but, then I would be considered a prostitute.