by Virginia Torres
The U.S. District Court in Phoenix issued a preliminaryorderJune 2 stopping the town of Cave Creek, Arizona from enforcing an anti-solicitation rule passed in September 2007 claiming a vielatiQn of free speeeh rights of day laborers who were trying to express their availabilityto work by standing in public areas.
In late March, the ACLU, the ACLU of Arizona and the Mexican American Legal Defense and Educational Fund ~(MALDEF) filed a lawsuit against the town of Cave Creek and the town’s mayor and deputy mayor on behalf of Hector Lopez, Leopoldo Ibarra and Ismael Ibarra, who are long time day laborers and residents who in the past solicited employment in the area by standing in public places. Now, the three laborers will be able to solicit without fear of being cited for violating the order.
“Today’s decision should serve as a warning for other state and local municipalities that have considered similar ordinances: passing thistype of diseriminatoryordinanee is impermissible and opens them up to costly litigation. Around the nation, the majority of judges who have reviewed these local anti-solicitation ordinances have put a stop to them,” stated Kristina Campbell, MALDEF staffattorney.
Although the town tried to target illegal immigration, the ordinanee applied to everyone in the town, regardless of immigration status or nationality. The ACLU argues that all individuals have the right to free speech including peaceebly soliciting employment in public areas. Hispanic Link.
