CALIFORNIA COMMENTARIES : The Problem Up-Close

The ordinance that would limit the right to solicit employment in public rights-of-way--such as streets and sidewalks--within 500 feet of a church, school, park or residence--was introduced after more than a year of attempting to resolve this problem.

This ordinance resulted from a loud outcry from residents of Ladera Heights. More than 200 came together in a meeting demanding a stop to job solicitation that had become a public nuisance. Photos have been taken of people urinating in public. Women and children are harassed as they walk along the sidewalks.

We tried a number of solutions. For one thing, we discussed it with Home Base, where laborers gather to solicit prospective employers outside the store. We asked if Home Base could select a site on their property for employment referrals. They responded that the property owners’ insurance would not cover their liability. Home Base added that they are unable to ask people to leave without a county ordinance in place allowing them to post a notice forbidding employment solicitation on their property. This same problem is being experienced by the church and the gas station across the street.

It should be made very clear that this has no ethnic or racial overtones whatsoever. The people who reside in that community are multiethnic--in fact, it’s largely a minority community, and by that I mean not just African Americans; there are Latino, Asian and some white residents there as well.

There is no intent to deprive anyone of civil rights or of the right of free speech. We’re very concerned, though, that children should not be subjected to the things that they’re experiencing, and homeowners should not have this problem on their lawns.

We have received communications from a variety of organizations, including the Catholic archdiocese. We have suggested that if any of the concerned organizations would like to establish a hiring center on its property, we would work with them and get a sign placed at Home Base referring people to that facility. Unfortunately, these organizations prefer that the hiring stay at Home Base and the neighborhood lawns and parks.

I have been more than willing to assist with the mediation of this problem, and will continue to do so. Having an ordinance that prevents loitering on people’s lawns and being hired from in front of homes, parks and churches will not prevent us from continuing to try to arrive at a solution. The real difficulty here is that the people who are involved in this conduct are not the ones we are negotiating with; they are attorneys and organizations concerned about the broad issue of day-laborer hiring, which is usually done in commercial areas.

Meanwhile, government has a responsibility to protect citizens from what is happening in their community.