As discussed previously on FindLaw’s Law and Daily Life blog, several cities in southern California have passed laws limiting the abilities of day laborers to solicit work. Opponents of these laws have said they are unconstitutional because they limit rights to free speech. The cities claim the laws were enacted solely to protect businesses and individual citizens from problems with noise and loitering.
The appeals court ruled that the city law prohibiting the solicitation of work or money by approaching motorists in the street is constitutional. Although some similar laws have been struck down throughout California, the 3 judge panel of the Ninth Circuit found by a 2-1 majority that Redondo Beach was justified in taking such steps under the law to prevent safety hazards and traffic disruptions. The court ruled the law to be a constitutional restriction on the time, place and manner of speech.
This decision does not bode well for the plaintiffs in the Costa Mesa case. Attorneys for the plaintiffs in that case had believed the law unconstitutional in part, on the basis of the lower court ruling against Redondo Beach. Now the Costa Mesa plaintiffs will have to take a hard look at what migh be the most productive path to a positive outcome in their own case.
Related Resources:
- Day-labor crackdown in Redondo Beach is legal, appeals court rules (Los Angeles Times)
- Update: Costa Mesa Day Laborer Law on Hold (FindLaw’s Law and Daily Life)
- Full Opinion, Comite de Jornaleros de Redondo Beach v. Redondo Beach (FindLaw)
- Time, Place, and Manner Restrictions (FindLaw’s Law Brain)
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