Court OKs ban on day laborers soliciting work

San Francisco Chronicle ^ | 6/9/10 | Bob Egelko, Chronicle Staff Writer

[SmithL]

SAN FRANCISCO -- Cities can prohibit day laborers from soliciting work from passing drivers, a federal appeals court ruled Wednesday.

In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco said an ordinance in Redondo Beach (Los Angeles County) prohibiting anyone on a street or sidewalk from seeking work from motorists, and prohibiting drivers from stopping to offer a job, is a valid safety measure that does not interfere with free speech.

The ordinance does not regulate the content of a day laborer's speech, only the location, Judge Sandra Ikuta said in the majority opinion. She said workers can reach out to prospective employers "in safer and less disruptive ways," such as by handing out leaflets, speaking to pedestrians or canvassing door-to-door.

Dissenting Judge Kim Wardlaw said the law punishes constitutionally protected expression and "eliminates the only means by which day laborers can communicate their availability for employment."

[SmithL]

This is from the 9th?

[SmithL]

Dissenting Judge Kim Wardlaw said the law punishes constitutionally protected expression and "eliminates the only means by which day laborers can communicate their availability for employment."

Wardlaw, Kim McLane

Born 1954 in San Francisco, CA

Federal Judicial Service:
Judge, U. S. District Court, Central District of California
Nominated by William J. Clinton on August 10, 1995, to a seat vacated by David V. Kenyon; Confirmed by the Senate on December 22, 1995, and received commission on December 26, 1995. Service terminated on August 3, 1998, due to appointment to another judicial position.

Judge, U. S. Court of Appeals for the Ninth Circuit
Nominated by William J. Clinton on January 27, 1998, to a seat vacated by J. Clifford Wallace; Confirmed by the Senate on July 31, 1998, and received commission on August 3, 1998.

Education:
University of California, Los Angeles, A.B., 1976
University of California, Los Angeles, School of Law, J.D., 1979

Professional Career:
Law clerk, Hon. William P. Gray, U.S. District Court, Central District of California, 1979-1980
Private practice, Los Angeles, California, 1980-1995
Member, Justice Team I, Department of Justice, Presidential Transition, 1992-1993
Member, Mayoral Transition Committee, Los Angeles Mayor-elect Richard Riordan, 1993


Race or Ethnicity: Hispanic

Gender: Female

[libertarian27]

San Francisco is banning random day laborer solicitations - what an outrage! Time to boycott San Fran - Oh the Huge Manatee ;)

[moehoward]

Wow! The 9th gets it right AGAIN!!!

[Drango]

Duh...even the 9th circus sometimes has some common sense.

[hinckley buzzard]

The dissenter was a "wise latina" Clinton-pig.

[SmithL]

Redondo Beach in Southern California is banning day laborer solicitations. Sanctuary Francisco won’t even stop people from laying down on the sidewalks.

The 9th Circus has its big tent in San Francisco, thus the byline from there.

[Myrddin]

The city of Escondido passed laws prohibiting work solicitation by day laborers. The La Raza, MALDEF and Mecha were all over them like a dirty shirt.

[libertarian27]

Redondo Beach in Southern California is banning day laborer solicitations. Sanctuary Francisco won’t even stop people from laying down on the sidewalks.

Oh, Drat! Was hoping for a 'gotcha' moment for San Francisco...so is the state of California going to boycott Redondo Beach now?

[muawiyah]

Let's examine that statement very carefully: "Dissenting Judge Kim Wardlaw said the law punishes constitutionally protected expression and "eliminates the only means by which day laborers can communicate their availability for employment.""

Asking for a job is "constitutionally protected" so that part's OK, but "only means" necessarily limits Hispanics to walking out into traffic.

It's like this woman (an Hispanic herself) thinks Hispanics are not capable of making signs, passing leaflets, speaking outloud without the whiz of passing vehicles in their ears, and so on.

This is NUTS. The woman is crazy. She didn't give 2 seconds thought to what she said.

If this is the best analysis available in the Hispanic community they are in real trouble ~ they'll be nothing but hewers of wood and drawers of water for the rest of their days ~ for everybody else. Deuteronomy 29:11 ~ covers this situation quite nicely.

[easternsky]

Does this mean they cannot do it in Home Depot in Santa Cruz also.

[max americana]

Just came from Costa Mesa on the weekend and guess what? People still came to diners, church and such. The 2nd city in Socal to go Arizona and it’s business as normal.

[Myrddin]

Illegals aren’t a necessary element of our society.

[GovernmentShrinker]

Dissenting Judge Kim Wardlaw said the law punishes constitutionally protected expression and "eliminates the only means by which day laborers can communicate their availability for employment."

Yeah, 'cause obviously they can't hand out leaflets, talk to pedestrian, or canvass door-to-door (as the clear-thinking justices noted), or post on Craigslist like zillions of other people seeking work do. Nope, flagging down passing cars is the "only" way they can possibly communicate their availability for employment.

Ms. Wardlaw must have been an affirmative action admit to UCLA law school, because she sure didn't get in based on her critical thinking skills.

[ridesthemiles]

This kind of swarming at every stoplight was a major factor in my moving from S Calif.

I felt very vulnerable driving to work each day.

Big Labrador dog- doors locked- still didn’t feel safe.

[CodeToad]

“Dissenting Judge Kim Wardlaw said the law punishes constitutionally protected expression and “eliminates the only means by which day laborers can communicate their availability for employment.”
“

The “only means”? Proof judges are as retarded as anyone. Law degrees mean nothing and being a judge means even less.

[CodeToad]

“Dissenting Judge Kim Wardlaw said the law punishes constitutionally protected expression and “eliminates the only means by which day laborers can communicate their availability for employment.””

That’s like saying the only means a rapist can attack their victims is by breaking into their homes so breaking and entering should not be illegal.

[HiJinx]

Ping!

[2harddrive]

A .357 magnum, 7-shot revolver might be comforting, though.