Judge Refuses to Block Dayworker Ordinance

An Orange County judge Wednesday refused to block enforcement of a controversial Costa Mesa dayworker ordinance, clearing the way for police to begin arresting people who appear to be soliciting work on city streets.

The American Civil Liberties Union had sought a temporary restraining order to prevent prosecution under the ordinance, arguing that the measure is vague and does not provide guidelines on what is unlawful.

But Superior Court Commissioner Julian Cimbaluk ruled that the ACLU failed to show that the ordinance would cause immediate harm to citizens. Cimbaluk did, however, set an Oct. 24 hearing date to consider arguments on whether the measure is constitutional.

Costa Mesa City Manager Allan L. Roeder said the city would begin enforcing the measure immediately.

“Since it is technically in effect, we have an obligation to carry out the ordinance unless directed by the City Council or the courts otherwise,” Roeder said.

The measure singles out three areas of the city known for having the heaviest concentrations of day laborers: Lion’s Park, 18th Street and Harbor Boulevard, and Santa Ana Avenue and East 20th Street.

It prohibits anyone from being at those sites with the “intent to solicit employment from the occupant of a motor vehicle.” According to the ordinance, police can arrest people based on “circumstantial evidence” even if they are not able to catch violators in the act.

ACLU attorney Rebecca Jurado argued that the measure infringes on freedoms of speech, thought and association guaranteed under the First Amendment and will be used to discriminate against Latinos, who make up the vast majority of those looking for daywork.

“People will be harassed,” Jurado said after Wednesday’s hearing. “The people targeted are Latinos in the park. I don’t see on what basis (police) will be able to determine intent.”

Supporters of the ordinance, however, say it is needed because other measures, including a city-sponsored hiring hall, have failed to eliminate problems allegedly caused by gatherings of dayworkers.

“When we have large numbers of (residents) who feel their park is gone, when they are concerned about passing by these locations, then the law is needed,” Mayor Peter F. Buffa said.

The ordinance took effect Sept. 6, but police had not begun enforcing it. Buffa argued that it is enforceable and would not be used selectively.

“I think we can demonstrate that in those cases where we have cited someone that we have done our homework and there is a clear-cut demonstration of intent,” he said.

However, police officials have conceded that it will be difficult to determine intent.

“We have spent quite a lot of time looking at the elements of the intent portion, and it is a gray area to us,” Costa Mesa Police Lt. Alan Kent said.

One city employee familiar with police operations went further and said authorities will not try to determine intent but will rely on a portion of the ordinance that bans curb-side soliciting of employment.

“The (intent portion) is pretty meaningless,” said the employee, who asked that his name not be used. “It’s one thing to say somebody intends to do something but another to build a case around that and prove it in a court of law.”

In any case, would-be employers can easily circumvent the law by simply parking and getting out of their cars to negotiate, the employee said.

Kent said tentative plans call for “careful observation” by officers who are familiar with the illegal alien population.

“I think the officers who will be out there can determine from past experience and what is happening in front of them, who is there and what they are intending to do,” Kent said.

Authorities are also considering the use of video cameras and undercover officers to catch violators, Kent said.

But Councilwoman Mary Hornbuckle, who voted against the measure, condemned such tactics.

‘Hassling’ Citizens

“We depend heavily on these workers in many ways and, in fact, many are here legally,” she said. “What we are doing is hassling one set of citizens to appease another set, and that is not a very good way to do it.”

And a spokesman for an immigrants-rights group argued that city officials are singling out a group that has few resources to defend itself.

“People standing on a street corner make an easy target for a council that can’t face up to the fact that businesses in the city continue to hire these workers,” said Carlos Holguin, an attorney with the National Center for Immigrants Rights. “It’s a matter of political clout. But fundamentally, it’s a matter of economics: If people weren’t finding work on the streets, they wouldn’t be looking for it.”

Wednesday’s victory follows a setback in the city’s bid to rid the streets of illegal aliens.

Last week, the city grudgingly accepted a recommendation by the Department of Housing and Urban Development and suspended another controversial policy that withheld funds from groups that aid illegals.

The policy may conflict with federal anti-discrimination guidelines, HUD officials who are reviewing the measure have said.