Thread: Judge blocks law on soliciting work

Judge blocks law on soliciting work
June 2nd, 2008 @ 5:07pm
by Associated Press

A federal judge on Monday issued a temporary order blocking the town of Cave Creek from enforcing a law aimed at stopping day laborers from gathering on streets to look for work.

In her ruling, U.S. District Judge Roslyn Silver found that the ordinance is an unconstitutional restriction of free speech, and that the possibility of irreparable harm exists.

``Plaintiffs, as day laborers, face not only the loss of First Amendment freedoms, but also the loss of employment opportunities necessary to support themselves and their families,'' Silver wrote in the ruling.

The decision prohibits the Town Marshall and the Maricopa County Sheriff's Office, which provides police protection for Cave Creek, from enforcing the ordinance until a lawsuit filed in March is settled.

The lawsuit was filed by three day laborers who are in the country legally. They say the ordinance restricts the free speech rights of people trying to find work as day laborers.

Cave Creek Mayor Vincent Francia said he voted to approve the ordinance in September because it's unsafe to have day laborers waiting along streets to look for work.

``This affects us in the sense that if our law enforcement people, the sheriff's deputies and the Town Marshall, saw what they see as a violation of the ordinance, they would not be able to enforce it,'' he said.

Dan Pochoda, an attorney for the American Civil Liberties Union, one of the group's representing the day laborers, called the judge's ruling a victory.

``We feel the judge properly found that it was an unconstitutional restriction on speech and that it was based on a history of anti-immigrant feelings, and not based on any valid traffic concerns as stated by the town,'' he said.

Last year, the Arizona Legislature approved a proposal that would have made it a trespassing offense for day laborers to seek work on public streets and sidewalks. Gov. Janet Napolitano vetoed the bill, saying she recognizes the need to confront illegal hirings, but that the proposal was discriminatory.







http://ktar.com/?nid=6&sid=854892

These Democratic Appointed Judges are the ones making this stuff up and trying to block cities from controlling illegal aliens in their boundaries.

U.S. District Judge Roslyn Silver was appointed in 1994 by President William Clinton.

Want more of this? Elect another President from the Democratic Party.

Dixie

In her ruling, U.S. District Judge Roslyn Silver found that the ordinance is an unconstitutional restriction of free speech, and that the possibility of irreparable harm exists.

``Plaintiffs, as day laborers, face not only the loss of First Amendment freedoms, but also the loss of employment opportunities necessary to support themselves and their families,'' Silver wrote in the ruling.

I would love to see a lawyer offer up that argument in defense of his client who was standing on a street corner and arrested on charges of prostitution.

Hon. Roslyn O. Silver - a Phoenix, Arizona (AZ) LawyerRoslyn O. Silver. Firm: United States District Court, Arizona ... District Judge Appointed 1994 by President Clinton. Bar Admissions:. Arizona, 1971 ...

401 W Washington St, Phoenix, AZ 85003

Originally Posted by Dixie

These Democratic Appointed Judges are the ones making this stuff up and trying to block cities from controlling illegal aliens in their boundaries.

U.S. District Judge Roslyn Silver was appointed in 1994 by President William Clinton.

Want more of this? Elect another President from the Democratic Party.

Dixie

You got it. THIS IS THE ONLY REASON TO VOTE FOR MCCAIN AND THE ONLY REASON.

ACLU And MALDEF File Lawsuit Against Arizona Town Over Anti-Solicitation Law - Local Ordinance Targets Day Laborers And Violates Free Speech Rights

Posted on: March 25th, 2008

Need some help?
CONTACT: Maria Archuleta, ACLU, (212) 519-7808 or 549-2666; media@aclu.org
Alessandra Soler Meetze, ACLU-AZ, (602) 650-1854 or 602-418-5499 (cell)
Laura Rodriguez, MALDEF, (310) 956-2425; lrodriguez@maldef.org

PHOENIX – A local Arizona anti-solicitation ordinance targeting day laborers violates the free speech rights of individuals who express their availability to work by standing in public areas, charged the American Civil Liberties Union, the ACLU of Arizona and the Mexican American Legal Defense and Educational Fund (MALDEF) in a lawsuit filed today in U.S. District Court in Phoenix.

The coalition filed the lawsuit against the town of Cave Creek and the town’s mayor and deputy mayor on behalf of Hector Lopez, Leopoldo Ibarra and Ismael Ibarra, three longtime day laborers and Arizona residents who in the past successfully solicited employment in Cave Creek by standing in public areas, peaceably indicating to occupants of passing vehicles their availability for temporary employment. Lopez, Ibarra and Ibarra currently wish to make their availability for day labor known but fear that they will be cited or arrested for violating the ordinance.

“This ordinance unfairly and unlawfully singles out and punishes day laborers by taking away their right to free speech,â€

Gogo--
"You got it. THIS IS THE ONLY REASON TO VOTE FOR MCCAIN AND THE ONLY REASON"

Am I to believe that a man who wants open borders, free trade and a global environment and who is a member of CFR is going to appoint judges that will make a different decision than this pinhead lady??
A person is judged by the company they keep. His choices will have you weeping and asking why you trusted him.

Sorry, you are a darn good person, but I just have to disagree with you on this. I had to do it now in case he does get elected and appoints judges that will set restrictions on the internet...

OK lets agree to disagree. No problem.

Uh, isn't the right to free speech guaranteed to CITIZENS under our Constitution. Perhaps I'm the ignorant one here, but I didn't think the Bill of Rights applied to illegal immigrants...