Plain discussion could turn up other issues

Lolita Harper

COSTA MESA -- City officials will decide tonight whether to change the

language of a law concerning day workers in an effort to make it

impervious to legal challenge.

After following a court case in Los Angeles County where the

dayworkers’ ordinance was challenged in court, the Costa Mesa City

Attorney’s Office reexamined the language in its existing ordinance. A

Los Angeles court judge ruled that parts of Los Angeles’ ordinance were

too vague and encroached upon an individual’s freedom of speech.

Assistant City Atty. Tom Wood said if the recommended changes are made

to the ordinance, he is confident it would stand up to any First

Amendment challenge.

“I think it was very proactive of them to follow the LosAngeles case

and work to keep ahead of any challenge,” said Councilman Gary Monahan.

Wood said the language narrows down the kind of solicitation that is

prohibited to cover only the kind that causes traffic or safety problems.

He cited examples like shouting, waving of arms, rushing into the street

and -- in the extreme case -- opening someone’s car door. Safety issues

surrounding dayworker solicitation have not been a problem recently, he

said.

“We’ve got the job center, which makes for a safe place to seek and

offer work,” Wood said.

Although the amendments to the ordinance aren’t expected to be

controversial, the underlying issues of supplying jobs to those suspected

to be illegal immigrants are sure to surface, city officials said.

Monahan said the job center debate will most likely be rekindled.

Discussions surrounding the value of the job center, which the city

opened more than 10 years ago, resurfaced in November as a poignant part

of now Councilman Chris Steel’s campaign.

“The city should not fund the job center,” said Steel shortly after

being elected. “We should use that money to address the problems of legal

residents -- neighborhood problems such as street improvement, noise and

crime.”

Steel has consistently contended that the center attracts illegal

immigrants and drives legal residents out of the city.

Jean Forbath, the founder of Share Our Selves, said she is sorry to

see the controversy brought up again. The job center has been targeted

since the day it opened, but the debate had quieted down in the past

several years, she said.

“The job center is not only valuable to the decent hard-working men

who are just trying to put food on their tables to feed their families

but to the community,” Forbath said. “If we didn’t feel it was valuable,

we wouldn’t be using it.”

* Lolita Harper covers Costa Mesa. She may be reached at (949)

574-4275 or by e-mail at o7 [email protected] .