COSTA MESA : Worker Ordinance Has Cost City $89,000

The city has spent nearly $89,000 to enforce and defend in court a dayworker ordinance that prohibits soliciting work on city streets, according to a recent report by the city manager’s office.

The costs and litigation surrounding the ordinance have led at least one council member to urge that the city consider scrapping the ban.

“For me, it is a big concern,” said Councilwoman Sandra Genis, who voted for the ordinance when it was first passed two years ago. “I thought of it as a way to get at hookers and panhandlers, but it is only enforced against people in certain areas where it is illegal to get a job. I think the amount of money we are paying to defend this could be better used for something else.”

Other council members could not be reached for comment on the report.

Based on a calculation of man hours and dollars, police officials estimate that they have spent $40,812 for such tasks as observing dayworker activity, conducting undercover raids, purchasing video equipment and tapes, and writing reports.

In addition, the city attorney’s office estimates that it has cost about $48,000 to contract with a Los Angeles firm to represent the city in its court battles to defend the ordinance.

At least three suits have been filed against the city, challenging the constitutionality of all or part of the ordinance.

Especially controversial is a recently enacted provision of the ordinance that bans people from being in three areas of the city--Lion’s Park, the intersection of 20th Street and Santa Ana Avenue and the intersection of 19th Street and Placentia Avenue--with the “intent” to solicit work.

The American Civil Liberties Union has sued the city to stop enforcement of that provision, arguing that it is vague and violates freedoms of speech and assembly guaranteed under the First Amendment.

“We advised the city prior to adoption of (that provision) that the ordinance would be a waste of taxpayer funds,” ACLU attorney Rebecca Jurado said in response to the report. “We believe it is appropriate for the city manager to provide the citizens of Costa Mesa with this information so they can decide for themselves . . . if this is how they want to spend their tax money.”

To date, police have issued more than 40 citations under the ordinance, with most of the arrests falling under the general ban on soliciting employment rather than the intent provision. Violations carry a maximum fine of $100 for a first offense and $500 for a second arrest.

The police have carried out a number of widely criticized raids in which an officer posing as an employer would drive a truck to a pickup spot where day laborers are known to gather. Backup officers would then swoop down to arrest those indicating that they wanted work.

According to police records, the costs of such raids over the last 15 months came to about $2,700.