COSTA MESA : Clause Struck From Law on Dayworkers

Almost a year after the courts struck down part of a city law that barred dayworkers from gathering to solicit work, the City Council repealed the provision Monday night and directed police to cite more employers who try to hire such workers off the street.

The council voted, 4-0, to overturn a section of the street solicitation ordinance that barred dayworkers from getting together in public places if they had the “intent” to seek work. Councilman Ed Glasgow was not present.

An Orange County Superior Court commissioner threw out the “intent” section of the law in June, saying that the provision is “overly broad and vague and impinges on expression of speech.”

The American Civil Liberties Union had sued the city to stop enforcement of the section, arguing that it violates the rights of free speech and assembly.

Two other sections of the ordinance remain intact. They make it illegal for people to solicit work from city streets and for employers to hire people off the street.

Before Monday night’s vote, Councilman Jay Humphrey called the ordinance discriminatory because it has resulted in more arrests of Latinos than any other group of people.

“We are actively enforcing this ordinance against the people who are the victims in that situation and not the people who I think are the cause of the problem,” Humphrey said.

Police Lt. Jim D. Watson, who supervises the enforcement of the dayworker law, told council members that police in April cited 41 people for soliciting work but just three people who had sought to hire the workers.

But Councilman Peter F. Buffa, who was mayor when the ordinance was passed, argued that the law is not discriminatory just because it results in the arrest of more Latinos.

He said it was intended as a traffic safety measure to bar workers from approaching cars on busy streets.

Despite his disagreement, Buffa joined Humphrey, Councilwoman Sandra L. Genis and Mayor Mary Hornbuckle in repealing the section.

Hornbuckle said the safety of the workers is an important issue, but the ordinance does not deter workers from gathering on city streets. One of the workers cited last month, she said, was carrying a citation for the same offense issued a few days earlier.

“Somehow, we have got to find a way to do this in a more equitable, efficient and effective way,” she said.

Lt. Watson told the council that police had cited more dayworkers than employers because the department has received the most complaints about men, mostly Latinos, who gather at parks and other areas of the city to solicit day work.

To comply with the council’s request, Watson said after the council meeting, he will meet with other officers to devise a plan to cite more contractors who try to solicit workers.

The street solicitation ordinance was originally passed to deal with dayworkers who gather at Lions Park, 18th Street and Harbor Boulevard, and Santa Ana Avenue and East 20th Street.

Although the ordinance has not eliminated the situation, Buffa said, it has reduced the number of people who gather on streets to seek work.