Court: Ordinance restricting day laborers’ speech unconstitutional
Monday, September 19th, 2011(CNN) The U.S. Ninth Circuit Court of Appeals struck down as unconstitutional an ordinance in a southern California town that prevented day laborers on public sidewalks from soliciting work from passing drivers.
"Because the ordinance is not narrowly tailored to achieve the city's goals, it is facially unconstitutional," the court said in a 9-2 decision.
The Mexican American Legal Defense and Education Fund, MALDEF, called the decision "precedent-setting."
It affirmed a trial court's decision favoring the day laborer group Comite de Jornaleros in its lawsuit against the city of Redondo Beach.
The civil rights group said the court ruling sets "a strong precedent on day laborer rights."
The ruling was an en-banc decision — a previously ruled-upon case reheard by the panel of 11 circuit court judges — after civil rights attorneys successfully challenged the earlier 2-1 panel decision that had upheld the controversial ordinance, MALDEF said.
Court: Ordinance restricting day laborers’ speech unconstitutional

