For years undocumented immigrants have witnessed the creation of laws and local ordinances designed to deny them rights and benefits freely enjoyed by U. S. citizens and lawfully admitted permanent resident immigrants. In fact, some of those laws actually deny rights and benefits to legally admitted permanent resident immigrants. One such law prohibits even legally admitted immigrants from receiving Welfare benefits for 5 years after immigrating. Federal courts across the country have invalidated many of these anti-immigrant laws while other such laws are still awaiting decisions in the appellate courts.
The Federal Appeals Court for the 9th Circuit recently declared a Redondo Beach, California anti day laborer law to be unconstitutional. The law was enacted over 20 years ago but was not enforced until 2004 when the city started arresting people. The Mexican American Legal Defense and Education Fund (MALDEF), in the case of Comité de Jornaleros de Redondo Beach vs City of Redondo Breach, quickly filed a lawsuit against the city. In 2004, MALDEF obtained a court order forcing the city to stop enforcing the law until a final court decision was made.
The Redondo Beach ordinance is similar to hundreds of others enacted by cities around the country including more than 50 in California. This ordinance makes it illegal to “stand on a street or highway to solicit employment, business or contributions” from passing drivers. The city argued to the court that the ordinance is proper and legal because its purpose is to improve traffic safety and movement at busy intersections.
MALDEF attorneys representing the National Day Laborer Organizing Network successfully argued that the ordinance violates the 1st amendment of the U. S. Constitution and illegally prevented day laborers from asking for jobs. The court said that the city was free to limit the time, place and manner of speaking with drivers as long as it allowed “ample channels of communication.” The court said that the ordinance was unconstitutional because it regulates more speech than is necessary to achieve its stated purpose. It also said that the city could achieve its goals by simply enforcing their traffic laws. Judge Milan Smith said that this ordinance is so broad that it would make it illegal for children to shout “carwash” to drivers.
MALDEF president Tom Saenz said that the court decision makes it clear that day laborers have a constitutional right to freedom of expression. He also said that every city in the 9th Circuit that has similar laws should repeal them immediately. The 9th Circuit includes the states of Alaska, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Lawyers’ Committee Executive Director Lateefah Simon said “This ruling should serve as a warning to other cities that seek to harass or arrest day laborers who are just trying to provide for their families.”