Three day laborers sue over Arizona town's law on soliciting work...

Three day laborers sue over Arizona town's law on soliciting work


By Jacques Billeaud
The Associated Press, March 25, 2008

Phoenix (AP) -- Three day laborers filed a lawsuit Tuesday that seeks to overturn a suburb's law prohibiting people standing on public streets from soliciting employment from occupants of cars.

The federal lawsuit alleges Cave Creek's law passed is unconstitutional because it restricts the free speech rights of people trying to find work as day laborers.

'Cave Creek does not have the right to pick and choose who has free speech rights,' said Monica Ramirez, an attorney for the American Civil Liberties Union, one of the group's representing the day laborers. 'The town cannot bar people from peaceably standing in public areas and expressing their availability to work.'

Mayor Vincent Francia said the law was a response to concerns raised by residents over traffic being impeded by people congregating on street corners.

'The ordinance applies to everyone. It is not specific to any group,' Francia said. 'I have to obey it.'

The environment for day laborers in Arizona has grown tougher in recent years.

Advocates for and against day labor have regularly held competing protests.

Nearly three years ago, the Legislature and governor approved a law barring local governments from putting taxpayer money into day labor centers that help illegal immigrants find work.

The Legislature approved a proposal last year 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.

The Cave Creek Town Council passed its work solicitation law in September. Days later, Maricopa County Sheriff Joe Arpaio, whose office provides police protection for Cave Creek, had officers respond to complaints that illegal immigrants were creating public safety problems near a day labor center. Arpaio's office is noted for its efforts to crack down on illegal immigration.

The Guatemalan and two Mexicans who filed the lawsuit are in the United States legally and, as day laborers, have earned money as painters, gardeners and construction workers, Ramirez said.

Free speech rights apply to everyone, regardless of their immigration status, Ramirez said.

Ramirez said the law has made it harder for her three clients to find work and rejected suggestions that they might go elsewhere to earn money.



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