MALDEF Obtains Preliminary Injunction Against Cave Creek Day Laborer Ordinance


JUNE 11, 2008 – Last week, MALDEF obtained a preliminary federal court order blocking the town of Cave Creek, Arizona from enforcing an ordinance that prohibits day laborers from soliciting work in public areas. The order, issued by U.S. District Court Judge Roslyn Silver found that the ordinance is an unconstitutional restriction of free speech. “Plaintiffs, as day laborers, face not only the loss of First Amendment freedoms, but also the loss of employment opportunities necessary to support themselves and their families,” Judge Silver wrote in the ruling.

“The court’s decision should serve as a warning for other local municipalities that have considered similar ordinances. Passing this type of discriminatory ordinance is not only impermissible but opens them up to costly litigation,” said Kristina Campbell, MALDEF staff attorney.

In September 2007, the Cave Creek Town Council passed an ordinance which “prohibits solicitation or attempted solicitation, of employment, business or contributions from occupants of moving or parked vehicles, while the person soliciting, or attempting to solicit, stands on or adjacent to a street or highway, which includes sidewalks.”

In late March, MALDEF, along with the American Civil Liberties Union (ACLU) Immigrants’ Rights Project and the ACLU of Arizona, filed a lawsuit on behalf of three day laborers and Arizona residents. In the past, they, as well as other day laborers, had successfully solicited employment by peaceably standing on public sidewalks and waiting for employers to hire them for various short-term jobs.

“MALDEF will continue to challenge day laborer ordinances that target peaceful, hardworking individuals who are exercising their First Amendment right to solicit employment in towns like Cave Creek,” said Cynthia Valenzuela, MALDEF Director of Litigation.

The court ruling is consistent with MALDEF victories against anti-solicitation ordinances passed by the local governments of Baldwin Park, Glendale and Redondo Beach, California. To view the court’s ruling in Lopez vs. Town of Cave Creek, click here.

Founded in 1968, MALDEF, the nation’s leading Latino legal organization, promotes and protects the rights of Latinos through litigation, advocacy, community education and outreach, leadership development, and higher education scholarships.

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