Appeals Court Upholds Day Laborer Guidelines : Agoura Hills: City’s case has been closely watched by officials in several local communities that are considering such measures.

A state appellate court Thursday upheld an Agoura Hills law that prohibits day laborers from soliciting work from passing motorists.

The law, challenged by the American Civil Liberties Union, was previously upheld in 1991 in Los Angeles County Superior Court.

The case has been closely watched by officials in several local cities that are considering similar measures. The Los Angeles County Board of Supervisors has also discussed a similar ordinance for the Ladera Heights area.

In a 39-page opinion, a three-judge panel ruled that the city has the right to regulate the activity as it relates to local traffic safety standards.

“Both the California and federal courts have considered ordinances which regulate solicitations in order to protect public safety and the free flow of traffic and have repeatedly held such ordinances serve the public interest,” the court held.

The panel also said there was insufficient evidence to prove that the Lost Hills-Malibu sheriff’s station or any individual officer unfairly applied the ordinance to the mostly Latino men who congregate near the intersections of Kanan and Agoura roads in Agoura Hills.

Attorneys for the ACLU have said they had hoped to not only overturn the law but to also set a precedent to stifle future attempts by local governments to regulate day laborers’ activities.

Robin Toma, an attorney for the civil rights organization, said his and several human rights organizations that joined in filing the appeal will consider a number of legal options to challenge the court decision.

The group can request another appellate court hearing, ask the state Supreme Court to review the appellate court ruling or file a case in Superior Court challenging the way the Sheriff’s Department applies the law, he said.

“We will consider all of those things very seriously because we believe it was incorrectly decided,” Toma said. “If this law, as it’s written, is enforced, then day laborers in Agoura Hills will be out of work, and their basic activity will be made a crime.”

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Agoura Hills City Manager Terry Matz said he was pleased with the decision.

“Obviously we’re pleased that the ordinance that we had in place has been upheld again by a court of law,” he said. “We always thought that the ordinance was valid and appropriately drafted.”

Even though the law has been upheld, it is not easy to enforce, said Lt. Jim Pierson, operations commander at the Lost Hills-Malibu sheriff’s station, because of manpower shortages.

“I think we probably cited more drivers than day workers,” Pierson said. “In all the time the ordinance existed, I don’t think we’ve issued 55 citations.”